IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 94-6400
JEFFERSON COUNTY, A political
subdivision of the State of Alabama,
Plaintiff-Appellant,
versus
WILLIAM W. ACKER, JR.,
Defendant-Appellee.
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JEFFERSON COUNTY, A political
subdivision of the State of Alabama,
Plaintiff-Appellant,
versus
U. W. CLEMON,
Defendant-Appellee.
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Appeal from the United States District Court for the
Northern District of Alabama
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ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion August 21, 1995, 11th Cir., 1995, F.2d )
(January 12, 1996)
Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX,
BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.*
B Y T H E C O U R T :
A member of this court in active service having requested a poll
on the suggestion for rehearing en banc and a majority of the judges in
this court in active service having voted in favor of granting a rehearing
en banc,
IT IS ORDERED that the above cause shall be reheard by this
court en banc. The previous panel's opinion is hereby VACATED.
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*Senior U.S. Circuit Judge Albert J. Henderson has elected to participate
in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).