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FLEMING v. COLLINS

No. 88-1334.

927 F.2d 824 (1991)

Joe Freddie FLEMING, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1991.

Attorney(s) appearing for the Case

Joe Freddie Fleming, Rosharon, Tex., pro se.

S. Michael Bozarth, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER and BARKSDALE, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion November 5, 1990, 5 Cir., 1990, 917 F.2d 850)

BY THE COURT:

A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and 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...

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