U.S. Court of Appeals for the Eleventh Circuit, 1998

Onishea v. Hopper

Onishea v. Hopper
U.S. Court of Appeals for the Eleventh Circuit · Decided January 23, 1998 · Anderson, Barkett, Birch, Black, Carnes, Cox, Dubina, Edmondson, Hatchett, Hull, Marcus, Tjoflat
133 F.3d 1377; 1998 WL 27287 (Federal Reporter, Third Series)

Counsel

Ayesha N. Khan, Margaret Winter, ACLU National Prison Project, Washington, DC, for Plaintiffs-Appellants., Elizabeth A. Seaton, Whitman-Walker, Washington, DC, -for amicus curiae., David Byrne, Jr., J. Elizabeth Kellum, Ro-bison & Belser, P.A., Montgomery, AL, Alice Ann Byrne, Dept, of Correction/Legal Div., Montgomery, AL, for Defendants-Appellees.

Onishea v. Hopper

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Opinion of the Court

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion November 4, 1997, 11th Cir., 126 F.3d 1323).

Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges.* BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing en bane 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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