U.S. Court of Appeals for the Fifth Circuit, 1976

Jasper Lee Cooks v. Circuit Court of Mobile County

U.S. Court of Appeals for the Fifth Circuit · Decided August 16, 1976 · Godbold, Simpson, Clark, Brown, Gewin, Coleman, Goldberg, Ainsworth, Dyer, Morgan, Roney, Gee, Tjoflat, Hill, Ro-Ney

536 F.2d 1113; 1976 U.S. App. LEXIS 7552 (Federal Reporter, Second Series)

Opinion of the Court

PER CURIAM:

The Petition for Rehearing is DENIED and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also DENIED.

Before BROWN, Chief Judge, GEWIN, COLEMAN, GOLDBERG, AINSWORTH, *1114GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT and HILL, Circuit Judges.*

Dissenting Opinion

GODBOLD, Circuit Judge

(dissenting):

I dissent from the denial of rehearing and rehearing en banc, for the reasons set out in my dissent to the panel opinion, 530 F.2d 1241.

Judges BROWN, GOLDBERG and RO-NEY concur in the dissent to the denial of petition for rehearing en banc, for the same reasons.

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