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JONES v. CITY OF LAKELAND, TENNESSEE

No. 97-5917.

224 F.3d 518 (2000)

Rudolph JONES, Jr.; Susan Jones; Tandy Jones Gilliland, Plaintiffs-Appellants, v. CITY OF LAKELAND, TENNESSEE, a Tennessee Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2000

Attorney(s) appearing for the Case

Earle J. Schwarz, Saul C. Belz (briefed), David A. McLaughlin (argued and briefed), Waring Cox, Memphis, TN, for Plaintiffs-Appellants.

Richard L. Winchester, Jr. (argued and briefed), The Winchester Law Firm, Memphis, TN, for Defendant-Appellee.

Arthur H. Bryant (briefed), Trial Lawyers for Public Justice, Washington, DC, for Amicus Curiae The Sierra Club, Natural Resources Defense Council, Inc., Ohio Public Interest Research Group, and Trial Lawyers for Public Justice.

Sohnia W. Hong (briefed), Office of the Attorney General, Nashville, TN, for Amicus Curiae Tennessee Department of Environment and Conservation.

Before: MARTIN, Chief Judge; MERRITT, KRUPANSKY, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

KRUPANSKY, J., delivered the opinion of the court, in which MARTIN, C. J., MERRITT, BOGGS, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, JJ., joined. NORRIS, J. (pp. 524-30), delivered a separate dissenting opinion, in which RYAN, SUHRHEINRICH, SILER, and BATCHELDER, JJ., joined.

OPINION

KRUPANSKY, Circuit Judge.

Pursuant to Fed.R.Civ.P. 35(a), a majority of the active judges of this court voted to rehear...

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