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DARDEN v. WAINWRIGHT

No. 81-5590.

772 F.2d 666 (1985)

Willie Jasper DARDEN, Petitioner-Appellant, Cross-Respondent, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellee, Cross-Petitioner.

United States Court of Appeals, Eleventh Circuit.

August 27, 1985.

Attorney(s) appearing for the Case

Robert Augustus Harper, Jr., and John Perry, Tallahassee, Fla., for petitioner-appellant, cross-respondent.

NAACP Legal Defense and Educational Fund, Inc., Geoffrey M. Kalmus, New York City, amicus curiae.

Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, Fla., for respondent-appellee, cross-petitioner.

Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, ANDERSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

ON PETITION FOR REHEARING DIRECTED TO THE EN BANC COURT

(Opinion filed July 23, 1985, 11th Cir., 767 F.2d 752.)

PER CURIAM:

At the request of one of the members of the en banc court, the court has been polled on the petition for rehearing addressed to the en banc court. Less than a majority of the en banc court, and less than a majority of the judges in regular active service, have voted in favor of the petition...

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