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BAILEY v. KENNEDY

No. 02-1761.

360 F.3d 470 (2004)

Michael BAILEY; Jane Bailey; Billy Bailey, Plaintiffs-Appellees, v. D.H. KENNEDY; D.B. Whitley; Mike Crisp; City of Hickory, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Filed February 20, 2004.

Appellants have filed a petition for rehearing and rehearing en banc.

Judges Williams, Traxler and Senior Judge Hamilton voted to deny.

A member of the Court requested a poll on the petition for rehearing en banc. The poll failed to produce a majority of the judges in active service in favor of rehearing en banc. Judge Widener voted in favor of rehearing. Chief Judge Wilkins and Judges Wilkinson, Niemeyer, Luttig...

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