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HATFILL v. NEW YORK TIMES CO.

No. 04-2561.

427 F.3d 253 (2005)

Steven J. HATFILL, Plaintiff-Appellant, v. THE NEW YORK TIMES COMPANY, Defendant—Appellee, and Nicholas Kristof, Defendant.

United States Court of Appeals, Fourth Circuit.

October 18, 2005.

Attorney(s) appearing for the Case

Thomas Gerard Connolly, Christopher J. Wright, Patrick Pearse O'Donnell, Mark Andrew Grannis, Harris, Wiltshire & Grannis, LLP, Washington, DC, for Plaintiff-Appellant.

Jay Ward Brown, Levine Sullivan Koch & Schulz, LLP, Washington, DC, David A. Schulz, Levine, Sullivan, Koch & Schulz, LLP, New York, NY, for Defendant-Appellee.

ORDER

PER CURIAM.

Appellee filed a petition for rehearing and/or rehearing en banc. Appellant filed a response to the petition.

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

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