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PARTEE v. HOPKINS

No. 93-3512.

35 F.3d 365 (1994)

Roosevelt PARTEE, Appellee, v. Frank X. HOPKINS, Appellant.

United States Court of Appeals, Eighth Circuit.

September 21, 1994.

Attorney(s) appearing for the Case

Mark D. Starr, Asst. Atty. Gen., Lincoln, NE, argued, for appellant.

Michael E. Willet, Wymore, NE, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

ORDER

The suggestion for rehearing en banc is denied.

ARNOLD, Chief Judge, WOLLMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges, would grant the suggestion for rehearing en banc.

The petition for rehearing by the panel is also denied.

BEAM, Circuit Judge, dissenting from denial of suggestion for rehearing en banc, joined by Judge WOLLMAN and Judge MORRIS SHEPPARD ARNOLD.

The panel opinion is clearly at odds with the established...

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