IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE FILED November 19, 1997 Cecil W. Crowson GARY W. PHELPS, ) Appellate Court Clerk ) Plaintiff/Appellant, ) ) Davidson Chancery ) No. 95-1892-III VS. ) ) Appeal No. ) 01A01-9603-CH-00103 TENNESSEE BOARD OF PAROLES, ) ET AL., ) ) Defendants/Appellees. )

ORDER The Tennessee Board of Paroles has filed a petition for rehearing pointing out that this court’s October 22, 1997 opinion relies upon outdated regulations. We have determined that the motion is well-taken.

It is, therefore, ordered that this court’s opinion filed on October 22, 1997 be and is hereby withdrawn and replaced with the opinion filed contemporaneously with this order.

ENTER, this ______ day of November, 1997.

_________________________________ HENRY F. TODD, PRESIDING JUDGE MIDDLE SECTION

_________________________________ SAMUEL L. LEWIS, JUDGE

_________________________________ WILLIAM C. KOCH, JR., JUDGE