PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAY 17 2000
No. 97-6163
THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 95-00158-CR-5
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GOLDIN INDUSTRIES, INC.,
GOLDIN OF ALABAMA, INC., et al.,
Defendants-Appellants.
________________________
Appeals from the United States District Court
for the Southern District of Alabama
_________________________
Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH,
DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON,
Circuit Judges.
BY THE COURT:
A member of this court in active service having requested a poll on whether
hearing en banc should be granted, and a majority of the judges in this court in active
service having voted in favor of granting a hearing en banc solely on the issue of
whether this court’s holding in United States v. Hartley, 678 F.2d 961 (11thCir. 1982),
that the person named in an indictment need not be distinct from the enterprise named
therein for the purposes of 18 U.S.C. § 1962(c), should be overturned.
IT IS ORDERED that the issue shall be heard by this court en banc.
IT IS FURTHER ORDERED that the parties may adopt the supplemental briefs
that they have submitted on this issue as their en banc briefs. Alternatively, if either
party wishes to augment its brief, it may do so by filing such brief within seven (7)
days of this order, in which event the other party may file a reply brief within seven
(7) days thereafter. The briefs shall conform to the requirements for en banc briefs
provided in Federal Rule of Appellate Procedure 35 and the attendant local rules.
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