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E.E.O.C. v. TOTAL SYSTEM SERVICES, INC.

No. 99-13196.

240 F.3d 899 (2001)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. TOTAL SYSTEM SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 29, 2001.

Attorney(s) appearing for the Case

Gail S. Coleman, Equal Employment Opportunity Commission, Paula R. Bruner, Washington, DC, for Plaintiff-Appellant.

George Golden Boyd, Jr., Marcus B. Calhoun, Jr., Page, Scrantom, Sprouse, Tucker & Ford, P.C., Columbus, GA, for Defendant-Appellee.

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

PER CURIAM:

A member of the Court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active service not having voted in favor of it, Rehearing En Banc is DENIED.

BARKETT, Circuit Judge, dissenting:

I respectfully dissent from the Court's denial of rehearing en banc. I believe that the panel's opinion holding that an employee's participation in an employer's internal investigation...

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