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DAVIS v. JONES

No. 90-2336.

946 F.2d 538 (1991)

Kirk V. DAVIS, Plaintiff-Appellee, v. Gregory JONES, Glenn Runge, and John Theis, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

October 23, 1991.

Attorney(s) appearing for the Case

Francis D. Morrissey, Michael A. Pollard (argued), Norman J. Barry, Jr., Baker & McKenzie, Chicago, Ill., for plaintiff-appellee.

William W. Kurnik, Thomas J. Platt, Kurnick, Cipolla, Stephenson, Barasha & O'Dell, Arlington Heights, Ill., Hope F. Keefe, Robert J. Leoni (argued), Brunswick, Keefe & Deer, Blue Island, Ill., for defendants-appellants.

Before BAUER, Chief Judge, EASTERBROOK, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

ON PETITION FOR REHEARING

Plaintiff-Appellee filed a petition for rehearing and suggestion of rehearing en banc on July 25, 1991. A judge in active service called for a vote on the suggestion of rehearing en banc, which failed to obtain a majority. Judges Cudahy and Ripple voted for rehearing en banc. A majority of the judges on the panel have voted to deny rehearing. Judge Fairchild voted to grant rehearing. The petition for rehearing is therefore DENIED.

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