PODBERESKY v. KIRWAN

Nos. 93-2527, 93-2585.

46 F.3d 5 (1994)

Daniel J. PODBERESKY, Plaintiff-Appellant, v. William E. KIRWAN, President of the University of Maryland at College Park; University of Maryland at College Park (UMCP); Monica Green; Maudlyn George, on her own behalf and on behalf of her daughter Allison George; Eileen Heath; Richard A. Dalgetty; Gerard W. Henry; Maisha Herren; Aletha S. McRae, on her own behalf and on behalf of her daughter Daletha McRae; Charles L. Smith, III, on his own behalf and on behalf of his son Charles Smith, IV, Defendants-Appellees, Equal Opportunity Foundation; American Council on Education; Mexican-American Legal Defense and Education Fund; William Julius Wilson, Doctor; Association for the Study of Afro-American Life and History; Lawyers' Committee for Civil Rights Under Law; United States of America, Amici Curiae. Daniel J. PODBERESKY, Plaintiff-Appellant, v. William E. KIRWAN, President of the University of Maryland at College Park; University of Maryland at College Park (UMCP); Monica Green; Maudlyn George, on her own behalf and on behalf of her daughter Allison George; Eileen Heath; Richard A. Dalgetty; Gerard W. Henry; Maisha Herren; Aletha S. McRae, on her own behalf and on behalf of her daughter Daletha McRae; Charles L. Smith, III, on his own behalf and on behalf of his son Charles Smith, IV, Defendants-Appellees, Equal Opportunity Foundation; American Council on Education; Mexican-American Legal Defense and Education Fund; William Julius Wilson, Doctor; Association for the Study of Afro-American Life and History; Lawyers' Committee for Civil Rights Under Law; United States of America, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

December 30, 1994.


ORDER

There having been two petitions for rehearing filed in this case, 38 F.3d 147, one by the defendants, Kirwan, et al., the other by the defendant-intervenors, Monica Green, et al., upon a request for a poll of the court on both of the petitions for rehearing en banc, there voted in favor of rehearing en banc Judges Ervin, Murnaghan and Michael, and there voted to deny rehearing en banc Judges Russell, Widener, Hall, Wilkinson...

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