United States v. Clarence Paul Roberts and Linwood Lee Lloyd

802 F.2d 682

UNITED STATES of America, Appellant,
v.
Clarence Paul ROBERTS and Linwood Lee Lloyd, Appellees.

No. 85-5122.

United States Court of Appeals,
Fourth Circuit.

Sept. 29, 1986.

1

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh; W. Earl Britt, District Judge.

2

Prior report, 793 F.2d 580.

3

The appellant's petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges RUSSELL, WIDENER, HALL, SPROUSE, CHAPMAN, WILKINSON and WILKINS voted to rehear the case in banc; and Judges WINTER, PHILLIPS, and MURNAGHAN and ERVIN voted against rehearing the case in banc. A majority of judges having voted to grant rehearing in banc,

4

IT IS ORDERED that rehearing in banc is granted.

5

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

6

Note: For opinions of Circuit Judges Phillips and Murnaghan see 793 F.2d 580.