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.

__________________________ 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. _______________________________ *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).