Gary W. Justice v. John W. Dennis, Etc.

802 F.2d 1486

Gary W. JUSTICE, Appellant,
v.
John W. DENNIS, etc., Appellee.

No. 85-1431.

United States Court of Appeals,
Fourth Circuit.

Sept. 30, 1986.

1

Prior report: 4th Cir., 793 F.2d 573.

2

The appellee'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, Murnaghan, and Ervin voted against rehearing the case in banc. A majority of judges having voted to grant rehearing in banc,

3

IT IS ORDERED that rehearing in banc is granted.

4

IT IS FURTHER ORDERED that this case shall be calendared for argument at the December 1986 session of Court.