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JOHN v. ESTELLE

No. 76-1178.

549 F.2d 1045 (1977)

Jerry ST. JOHN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 17, 1977.

Attorney(s) appearing for the Case

Marianne Wesson Cantrick, Asst. Atty. Gen., John L. Hill, Atty. Gen., Richel Rivers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Ray J. McQuary, Ken Anderson, Staff Counsel for Inmates, Darrington Unit, Rosharon, Tex., for petitioner-appellee.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion January 3, 1977, 5 Cir., 1977, 544 F.2d 894).

BY THE COURT:

A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the cause shall be reheard by the Court en banc on...

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