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DERDEN v. McNEEL

No. 90-1230.

947 F.2d 147 (1991)

George Guy DERDEN, III, Plaintiff-Appellant, v. Sheriff Sammie McNEEL and Attorney General — State of Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 31, 1991.

Attorney(s) appearing for the Case

Leslie Joyner Bobo, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss. (court appointed), for plaintiff-appellant.

Charlene R. Pierce, Sp. Asst. Atty. Gen., Marvin L. White, Asst. Atty. Gen., and Mike Moore, Atty. Gen., Jackson, Miss., for defendants-appellees.

Before CLARK, Chief Judge, REYNALDO G. GARZA, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER and EMILIO M. GARZA, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion August 16, 1991, 5 Cir., 1991, 938 F.2d 605)

BY THE COURT:

ON FURTHER CONSIDERATION, the panel's order of September 13, 1991, denying rehearing and rehearing en banc is withdrawn. A majority of the judges in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that this cause shall be reheard by the court en banc without oral argument....

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