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ROSS v. KEMP

No. 82-8413.

785 F.2d 1467 (1986)

Willie X. ROSS, Petitioner-Appellant, v. Ralph KEMP, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 20, 1986.

Attorney(s) appearing for the Case

John Charles Boger, Jack Greenberg, James M. Nabrit, III, Joel Berger, Deborah Fins, James S. Liebman, Deval L. Patrick, New York City, Timothy K. Ford, Seattle, Wash., for petitioner-appellant.

Jan Hildebrand, Mary Beth Westmoreland, Atlanta, Ga., for respondent-appellee.

Before KRAVITCH and JOHNSON, Circuit Judges, and LYNNE, Senior District Judge.

KRAVITCH, Circuit Judge:

The principal issue before this panel is whether appellant Ross should be allowed to submit additional evidence to this court after issuance of a panel opinion and scheduling of en banc argument. The issue was presented the day preceding en banc rehearing of the case, by Ross' motion to supplement the record with affidavits based on information obtained by attorneys in an unrelated case. Subsequent to the filing of the motion, and en banc...

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