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GATES v. COLLIER

No. 79-1844.

641 F.2d 403 (1981)

Nazareth GATES et al., Plaintiffs-Appellees, v. John COLLIER, Superintendent of the Mississippi State Penitentiary et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 26, 1981.

Attorney(s) appearing for the Case

P. Roger Googe, Jr., Peter M. Stockett, Jr., Asst. Attys. Gen., A. F. Summer, Atty. Gen., Jackson, Miss., for defendants-appellants.

Carmack M. Blackmon, Asst. Atty. Gen., Dept. of Justice, Baton Rouge, La., amicus curiae, for State of Louisiana.

Frank R. Parker, Lawyers Committee for Civil Rights Under Law, Jackson, Miss., for Gates et al.

Stephen P. Berzon, San Francisco, Cal., for amicus curiae.

Before BROWN, HILL and RANDALL, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

(Opinion May 14, 1980, 5 Cir., 1980, 616 F.2d 1268).

PER CURIAM:

A member of the Court in active service having requested a poll on the reconsideration of this cause En Banc, and a majority of the Judges in active service not having voted in favor of it, the rehearing En Banc, is DENIED.

JAMES C. HILL, Circuit Judge, with whom AINSWORTH, TJOFLAT, FAY, HENDERSON and POLITZ...

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