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MARSH v. BUTLER COUNTY

No. 99-12813.

225 F.3d 1243 (2000)

Joe MARSH, Leroy Owens, Plaintiffs-Appellants, v. BUTLER COUNTY, ALABAMA, the Butler County Commission, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 7, 2000.

Attorney(s) appearing for the Case

Robert E. Toone, Jr., Tamara H. Serwer, Southern Center for Human Rights, Atlanta, GA, for Plaintiffs-Appellants.

Kendrick Emerson Webb, Bart Gregory Harmon, Webb & Eley, P.C., Montgomery, AL, for Defendants-Appellees.

Before BIRCH, BARKETT and ALARCON, Circuit Judges.

BARKETT, Circuit Judge:

Upon reconsideration, this court, sua sponte, VACATES its prior opinion in this matter, published at 212 F.3d 1318 (11th Cir.2000), and substitutes the following in its place:

Joe Marsh and Leroy Owens, former inmates at Butler County Jail in Greenville, Alabama, appeal the district court's dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of their complaint against Butler County, the Butler...

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