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IN RE VIAL

No. 96-614.

115 F.3d 1192 (1997)

In re Avery W. VIAL, Movant.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1997.

Attorney(s) appearing for the Case

ARGUED: Lee W. Kilduff, Morchower, Luxton & Whaley, Richmond, VA, for Movant. Vicki S. Marani, U.S. Department of Justice, Washington, DC, for U.S. ON BRIEF: Michael Morchower, Morchower, Luxton & Whaley, Richmond, VA, for Movant. Janice McKenzie Cole, U.S. Attorney, John S. Bowler, Assistant U.S. Attorney, U.S. Department of Justice, Washington, DC, for U.S.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL and MOTZ, Circuit Judges, sitting en banc.

Motion denied by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, ERVIN, NIEMEYER, WILLIAMS, and MOTZ join. Judge HAMILTON wrote an opinion concurring in the judgment, in which Judge MOTZ joins. Judge LUTTIG joins in the judgment. Judge HALL wrote a dissenting opinion, in which Judges MURNAGHAN and MICHAEL join.

OPINION

WILKINS, Circuit Judge:

We convened en banc to consider...

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