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JOHNSTON v. ROPER

No. 05-3353.

421 F.3d 1152 (2005)

Timothy JOHNSTON, Appellant, v. Donald P. ROPER, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

September 1, 2005.

Attorney(s) appearing for the Case

Christopher Edward McGraugh, Leritz & Plunkert, Michael J. Gorla, St. Louis, MO, for Appellant.

Timothy Johnston, Mineral Point, MO, pro se.

Denise Garrison McElvein, Attorney General's Office, St. Louis, MO, for Appellees.

Before LOKEN, Chief Judge, WOLLMAN, ARNOLD, MURPHY, BYE, RILY, MELLOY, SMITH, COLLOTON and GRUENDER, Circuit Judges.

SECOND AMENDED ORDER

PER CURIAM.

Appellees' Petition for Rehearing En Bane is granted, and the stay of execution granted by the panel is vacated.

Chief Judge Loken, Judge Bye and Judge Melloy would deny the Petition for Rehearing.

Judge Duane Benton took no part in the vote on the Petition for Rehearing En Banc.

Rehearing En Banc having been granted, and the panel's stay order having been vacated, the matter comes before the Court...

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