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HAMMON v. BARRY

Nos. 85-5669, 85-5670, 85-5671.

826 F.2d 73 (1987)

Marvin K. HAMMON, et al. United States of America, Appellant, v. Marion S. BARRY, Jr., Mayor, D.C., et al. (Two Cases). Kevin Michael BYRNE, et al. United States of America, Appellant, v. Theodore R. COLEMAN, D.C. Fire Chief, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 1987.

Attorney(s) appearing for the Case

Charles L. Reischel, Deputy Corporation Counsel, DC, with whom John H. Suda, Acting Corporation Counsel, DC was on the petition for rehearing or rehearing en banc for appellee, District of Columbia.

Joan Burt was on the petition for rehearing or rehearing en banc for appellees, Hammon, et al.

William Bradford Reynolds, Assistant Attorney General, Department of Justice, with whom Michael A. Carvin, Deputy Assistant Attorney General, David K. Flynn and Robert Delahunty, Attorneys, Department of Justice were on the memorandum in opposition to petitions for rehearing or rehearing en banc for appellant, United States of America.

Before MIKVA, STARR and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

Concurring statement filed by Circuit Judge SILBERMAN.

Dissenting opinion filed by Circuit Judge MIKVA.

ON PETITION FOR REHEARING

STARR, Circuit Judge:

This petition for rehearing raises the issue whether the panel's opinion in Hammon v. Barry, 813 F.2d 412 (D.C.Cir.1987), has been undermined by the Supreme Court's recent decision in Johnson...

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