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MERRETT v. MOORE

No. 93-2510.

77 F.3d 1304 (1996)

John M. MERRETT, Solomon Clayton, Jr., Cecelia A. Clayton, Plaintiffs-Appellants, v. James T. MOORE, Commissioner, FDLE, Leonard Mellon, Exec. Director, Florida Dept. of Highway Safety & Motor Vehicles, Lawrence Crow, Chief, Lakeland Police Dept., Jerald Vaughn, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 26, 1996.

Attorney(s) appearing for the Case

Edward W. Stafman, Stafman & Friedlander, Tallahassee, FL, for appellants.

Charlie McCoy, James A. Peters, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, for Mellon, Butterworth and Dempsey.

John P. Booth, Asst. General Counsel, Charlie McCoy, Fla. Dept. of Law Enforcement, Tallahassee, FL, for Moore & Dempsey.

Reynolds E. Pitts, Jr., Fuller, Johnson & Farrell, P.A., Pensacola, FL, Patrick J. Farrell, Robert W. Ritsch, Fuller, Johnson & Farrell, P.A., Tallahassee, FL, for Cities of Lakeland, Mailtand & Largo Police Depts., Crow, Doyle, Vaughn and Ervin.

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

ON PETITION FOR REHEARING EN BANC

(Opinion July 25, 1995, 11th Cir., 58 F.3d 1547)

PER CURIAM:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.

BARKETT...

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