Tanner Advertising Group, L.L.C. v. Fayette County

                               IN THE UNITED STATES COURT OF APPEALS

                                        FOR THE ELEVENTH CIRCUIT


                                                                                          FILED
                                                    No. 04-13210                 U.S. COURT OF APPEALS
                                                                                   ELEVENTH CIRCUIT
                                           (D.C. Docket No. 03-00023-CV)            NOVEMBER 1, 2005
                                                                                    THOMAS K. KAHN
                                                                                         CLERK
TANNER ADVERTISING GROUP, L.L.C.,

                                                                                            Plaintiff-Appellant,

versus

FAYETTE COUNTY, GEORGIA,

                                                                                            Defendant-Appellee.

                                              ---------------------------
                               On Appeal from the United States District Court for the
                                           Northern District of Georgia
                                              --------------------------


                                (Opinion June 9, 2005, 411 F.3d 1272, 11th Cir. 2005)

                                                 (November 1, 2005)


Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT,
HULL, MARCUS, WILSON and PRYOR, Circuit Judges*.


BY THE COURT:

               A member of this Court in active service having requested a poll on the suggestion of 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.

 __________________________
*Senior United States Circuit Judge Phyllis A. Kravitch has elected to participate in further proceedings in this matter
pursuant to 28 U.S.C. § 46(c).