GARCIA v. SMITH

No. 82-5317.

680 F.2d 1327 (1982)

Carlos Eloy Alvarez GARCIA, Plaintiff-Appellant, v. William French SMITH, Attorney General of the United States Department of Justice, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 19, 1982.


Attorney(s) appearing for the Case

Robert L. Boyer, Miami, Fla., for plaintiff-appellant.

Daniel E. Fromstein, Dept. of Justice, Crim. Div., Lauri Steven Filppu, General Litigation & Legal Advice Section, Washington, D. C., for defendants-appellees.

Before GODBOLD, Chief Judge, JOHNSON and ANDERSON, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion filed April 13, 1982)

JOHNSON, Circuit Judge:

Appellees' petition for panel rehearing is now presented. Appellees express concern about the possible implications of our opinion. 11 Cir., 674 F.2d 838. We take this opportunity to resolve any ambiguity in our holding and modify our April 13, 1982, opinion in the following respects.

First, our ruling that the district court...

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