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SIMS v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

No. 86-3055.

840 F.2d 778 (1988)

Myra Holladay SIMS and Florida Import and Compliance Association, Plaintiffs-Appellees, v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 1, 1988.

Attorney(s) appearing for the Case

Eric J. Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendant-appellant.

Williams C. Owen, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., George N. Meros, Tallahassee, Fla., for amicus: Florida Auto. Dealers Assoc.

Susan Greco Tuttle, Moffitt, Hart & Miller, Tampa, Fla., for amicus: Import Auto. Dealers of Florida, Inc.

Edward T. O'Donnell, Mershon, Sawyer, Johnston, Dunwoody & Cole, Miami, Fla., for amicus: Mercedes-Benz of North America, Inc.

Robert P. Smith, Jr., Tallahassee, Fla., for plaintiffs-appellees.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, and EDMONDSON, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC

(Opinion December 2, 1987, 11th Cir., 1987, 832 F.2d 1558)

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing in banc and a majority of the judges of this court in active service having voted in favor of granting a rehearing in banc,

IT IS ORDERED that the above cause shall be reheard...

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