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SONS OF CONFEDERATE VETERANS v. COMM'R OF VIRGINIA

No. 01-1242.

305 F.3d 241 (2002)

SONS OF CONFEDERATE VETERANS, INCORPORATED, a Tennessee Corporation, by its Commander-in-Chief Patrick J. Griffin; Virginia Division of Sons of Confederate Veterans, Incorporated, a Virginia Corporation, by its Commander Robert W. Barbour, Sr., Plaintiffs-Appellees, v. COMMISSIONER OF THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES, in his official capacity, Defendant-Appellant, and Commonwealth of Virginia, whose agents and officers enacted and will enforce, on its behalf, Va.Code Ann. 46.2-746.22; James S. Gilmore, III, as Governor of the Commonwealth of Virginia, in his official capacity; Shirley Ybarra, as Secretary of the Department of Transportation of the State of Virginia, in her official capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

September 20, 2002.

Attorney(s) appearing for the Case

Steven Henry Aden, Charlottesville, VA, Arthur Patrick Strickland, Roanoke, VA, for Plaintiff-Appellee.

William Henry Hurd, Jeffrey A. Spencer, Alison Paige Landry, Randolph Allen Beales, Richmond, VA, for Defendant-Appellant.

ORDER

Upon a request for a poll of the court on rehearing en banc, the court denies rehearing. Judges Niemeyer, Michael, Motz, King, and Gregory voted for rehearing en banc. Chief Judge Wilkinson and Judges Widener, Wilkins, Luttig, Williams, and Traxler voted to deny rehearing en banc. Chief Judge Wilkinson and Judge Williams wrote separate opinions concurring in the denial of rehearing en banc. Judge Luttig wrote a separate opinion respecting the denial of rehearing...

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