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CONE CORP. v. HILLSBOROUGH COUNTY

No. 91-4194.

995 F.2d 185 (1993)

The CONE CORPORATION; J.W. Conner & Sons; Bulger Contracting Co.; Boyce Company; S & E Contractors, Inc.; Woodruff & Sons, Inc.; Suncoast Utility Contractors Association, Plaintiffs-Appellants, Cone Constructors, Inc.; Dallas I Construction & Development, Inc., Plaintiffs, v. HILLSBOROUGH COUNTY; Frederick B. Karl, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 23, 1993.

Attorney(s) appearing for the Case

Herbert P. Schlanger, Atlanta, GA, for plaintiffs-appellants.

MacFarlane, Ferguson, Allison & Kelly, Claude H. Tison, Jr., Michael D. Malfitano, Tampa, FL, for defendants-appellees.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, and CARNES, Circuit Judges, and GODBOLD, Senior Circuit Judge.

PER CURIAM:

This court voted to hear this case en banc to consider the first issue raised by Cone Corporation and the other plaintiffs-appellants in their petition for rehearing and suggestion of rehearing en banc. Petitioners challenge the authority of the three-judge panel that decided this appeal as an invalidly constituted panel of this circuit under 28 U.S.C. § 46. The panel was comprised of one active circuit judge of the Eleventh Circuit, one senior circuit...

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