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McMILLIAN v. JOHNSON

No. 95-6123.

101 F.3d 1363 (1996)

Walter McMILLIAN, Plaintiff-Appellee, v. W.E. JOHNSON, Tommy Herring, Tom Allen, in their individual capacities, et al., Defendants, Thomas Tate, Simon Benson, Larry Ikner, in their individual capacities, Defendants-Appellants, Association of County Commissioners of Alabama Liability Self Insurance Fund, Intervenor-Defendant.

United States Court of Appeals, Eleventh Circuit.

December 3, 1996.

Attorney(s) appearing for the Case

Bart Harmon, Daryl L. Masters, Kristi A. Dowdy, Kendrick E. Webb, Webb & Eley, P.C., Montgomery, AL, Jack Booker Weaver, Windell Clifton Owens, Owens, Weaver & Assoc., Monroeville, AL, William G. McKnight, Montgomery, AL, for Appellants.

Robert B. McDuff, Jackson, MS, Bryan A. Stevenson, Bernard E. Harcourt, Alabama Capital Representation Center, Montgomery, AL, for Appellee.

Before COX and BARKETT, Circuit Judges, and PROPST, Senior District Judge.

ON PETITION FOR PANEL REHEARING AND SUGGESTION OF REHEARING EN BANC

PER CURIAM:

The opinion reported at 88 F.3d 1554 (11th Cir.1996), is amended by substituting the following for section "F" under part IV of the opinion, pages 1571-73.

IV. Discussion

F. Tate's Sovereign Immunity From State Law Claims

The district court found that McMillian had presented sufficient evidence to create a genuine...

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