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ELLIOTT v. LEAVITT

Nos. 96-1150, 96-1151.

105 F.3d 174 (1997)

Dorothy C. ELLIOTT, Individually and as Co-Personal Representative of the Estate of Archie Elliott, III; Archie Elliott, Jr., Individually and as Co-Personal Representative of the Estate of Archie Elliott, III, Plaintiffs-Appellees, v. Jason LEAVITT, Police Officer for District Heights, MD, Defendant-Appellant, and Prince George'S County, Maryland; David B. Mitchell, Prince George's County Police Chief; Wayne Cheney, Police Officer; City Of District Heights, MD; Michael Conboy, Police Chief for District Heights, MD, Defendants. Dorothy C. ELLIOTT, Individually and as Co-Personal Representative of the Estate of Archie Elliott, III; Archie Elliott, Jr., Individually and as Co-Personal Representative of the Estate of Archie Elliott, III, Plaintiffs-Appellees, v. Wayne CHENEY, Police Officer, Defendant-Appellant, and Jason Leavitt, Police Officer for District Heights, MD; Prince George's County, Maryland; David B. Mitchell, Prince George's County Police Chief; City of District Heights, MD; Michael Conboy, Police Chief for District Heights, MD, Defendants.

United States Court of Appeals, Fourth Circuit.

January 24, 1997.

ORDER

A member of the Court requested a poll on whether this case should be reheard en banc. A majority of the judges in active service voted that it should not be reheard en banc.

Judges Hall, Murnaghan, Ervin, Michael, and Motz voted for rehearing en banc. Chief Judge Wilkinson, and Judges Russell, Widener, Wilkins, Niemeyer, Hamilton, Luttig, and Williams voted against rehearing en banc...

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