IN RE ALLEN

Nos. 96-1464, 96-1601 and 96-1652.

119 F.3d 1129 (1997)

In re Barbara H. ALLEN, Appellant, BETTER GOVERNMENT BUREAU, INCORPORATED, an Ohio Corporation, Plaintiff-Appellee, v. Darrell V. McGRAW, Jr., Attorney General, State of West Virginia, Personally and in his Official Capacity; Better Government Bureau Office of the Attorney General State of West Virginia, A Body Politic, A Corporate Instrumentality of Government with Limited Agency and QuasiSovereign Capacity; Ken Hechler, Secretary of State, in his Official Capacity, Defendants, v. Donna WILLIS, Party in Interest. BETTER GOVERNMENT BUREAU, INCORPORATED, an Ohio Corporation, Plaintiff-Appellee, v. Darrell V. McGRAW, Jr., Attorney General, State of West Virginia, Personally and in his Official Capacity, Defendant-Appellant, and BETTER GOVERNMENT BUREAU OFFICE OF THE ATTORNEY GENERAL STATE OF WEST VIRGINIA, A Body Politic, A Corporate Instrumentality of Government with Limited Agency and Quasi-Sovereign Capacity; Ken Hechler, Secretary of State, in his Official Capacity, Defendants, v. Barbara H. ALLEN; Donna Willis, Parties in Interest. (Two Cases)

United States Court of Appeals, Fourth Circuit.

As Amended August 8, 1997.


ORDER

A member of the Court requested a poll on the suggestion for rehearing en banc. The poll failed to produce a majority of the judges in active service in favor of rehearing en banc.

Chief Judge WILKINSON, and Judges RUSSELL, Widener, Wilkins, LUTTIG, and WILLIAMS voted for rehearing en banc. Judges Murnaghan, ERVIN, NIEMEYER, HAMILTON, MICHAEL, and Motz voted against rehearing en banc. Judge HALL disqualified himself and...

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