JAFFREE v. WALLACE

Nos. 83-7046, 83-7047.

713 F.2d 614 (1983)

Ishmael JAFFREE, et al., Plaintiffs-Appellants, v. George C. WALLACE, et al., Defendants-Appellees, Douglas T. Smith, et al., Intervenors. Ishmael JAFFREE, et al., Plaintiffs-Appellants, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, et al., Defendants-Appellees, Douglas T. Smith, et al., Intervenors.

United States Court of Appeals, Eleventh Circuit.

August 15, 1983.


Attorney(s) appearing for the Case

Ronnie L. Williams, Mobile, Ala., for plaintiffs-appellants.

Jack D. Novik, ACLU, New York City, for amici curiae.

Charles S. Coody, Counsel Dir., Div. of Legal Services, Dept. of Educ., Montgomery, Ala., for Tyson, Creel, Cherry, Higginbotham, Poole, Martin, Allen & Roberts.

Bob Sherling, Mobile, Ala., for intervenors.

John S. Baker, LSU Law Center, Baton Rouge, La., for Governor Wallace.

Robert C. Campbell, III, Mobile, Ala., for defendant-appellee, Bd. of School Commissioners of Mobile County, et al.

Thomas O. Kotouc, Montgomery, Ala., for intervenors-McHenry, et al.

Before HATCHETT and CLARK, Circuit Judges, and SCOTT, District Judge.


ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion May 12, 1983, 11 Cir., 1983, 705 F.2d 1526).

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...

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