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GOLD v. CITY OF MIAMI

No. 95-4996.

138 F.3d 886 (1998)

Michael C. GOLD, Plaintiff-Appellee, v. CITY OF MIAMI, a Florida Municipal Corporation, Defendant, Calvin Ross, individually, Rafael Suarez, individually, Jorge Perez, individually, William Campbell, individually, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 7, 1998.

Attorney(s) appearing for the Case

Kathryn C. Pecko, Leon M. Firtel, Assts. City Attys., Miami, FL, for Defendants-Appellants.

Charles M. Baron, North Miami Beach, FL, for Plaintiff-Appellee.

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

ON PETITION FOR REHEARING

(Opinion Sept. 17, 1997, 11th Cir., 121 F.3d 1442).

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), rehearing en banc is DENIED.

BARKETT, Circuit Judge, dissenting...

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