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MASTROIANNI v. BOWERS

No. 95-8107.

173 F.3d 1363 (1999)

Robert D. MASTROIANNI, Plaintiff-Appellee, v. Michael J. BOWERS, Patrick D. Deering, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 29, 1999.

Attorney(s) appearing for the Case

Grace Evans Lewis, Sr., Assistant Attorney General, Atlanta, GA, James A. Bishop, Special Assistant Attorney General, Brunswick, GA, for Defendants-Appellants.

Stephen L. Berry, St. Marys, GA, for Plaintiff-Appellee.

Before HATCHETT, Chief Judge, BIRCH, Circuit Judge, and GODBOLD, Senior Circuit Judge.

BIRCH, Circuit Judge:

The previous opinion issued in this case, Mastroianni v. Bowers, 160 F.3d 671 (11th Cir.1998), is hereby vacated. In its place, on petition for rehearing, we file this revised opinion.

I. BACKGROUND

Appellants Michael J. Bowers, Patrick D. Deering, Joseph B. Jackson, Jr., and Weyland Yeomans appeal the decision of the district court denying their motions for summary judgment based, in...

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