Cincinnati Milacron, Ltd. v. M/v American Legend, Her Engines, Boilers, Etc., and United States Lines, Inc.

793 F.2d 104

CINCINNATI MILACRON, LTD., Appellant,
v.
M/V AMERICAN LEGEND, her engines, boilers, etc., and United
States Lines, Inc., Appellees.

No. 85-1183.

United States Court of Appeals,
Fourth Circuit.

June 18, 1986.

1

James D. Skeen (David W. Skeen; Constable, Alexander, Daneker & Skeen on brief) for appellant.

2

John H. West, III (Roann Nichols; Ober, Kaler, Grimes & Shriver on brief), for appellees.

3

Prior opinion: 784 F.2d 1161.

On Petition for Rehearing

4

The appellees' petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Chief Judge Winter, Judges Russell, Widener, Hall, Phillips, Murnaghan and Chapman voted to rehear the case in banc; and Judges Sprouse, Ervin and Wilkinson voted against rehearing the case in banc. A majority of judges having voted to grant rehearing in banc,

5

Judge Sneeden left the Court prior to a request for a poll on the suggestion for rehearing in banc and Judge McMillan was not entitled to vote on this issue.

6

IT IS ORDERED that rehearing in banc is granted.

7

IT IS FURTHER ORDERED that this case shall be calendared for argument at the October session of Court.

8

Entered at the direction of Judge Ervin.