AMERICAN CIVIL LIB. UNION, KY v. MERCER COUNTY

No. 03-5142.

446 F.3d 651 (2006)

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY; Bart McQueary, Plaintiffs-Appellants, v. MERCER COUNTY, Kentucky; Charles H. McGinnis, in his official capacity as Mercer County Judge Executive, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

April 24, 2006.


Attorney(s) appearing for the Case

David A. Friedman, American Civil Liberties Union of Kentucky General Counsel, Lousiville, KY, for Plaintiffs-Appellants.

Francis J. Manion, New Hope, KY, Mathew D. Staver, Erik W. Stanley, for Defendants-Appellees.

Before: SUHRHEINRICH and BATCHELDER, Circuit Judges; RICE, District Judge.


ORDER

This matter comes before the court upon the petition for rehearing en banc, filed by counsel for the appellants, and the response of the appellees thereto. The petition has been circulated not only to the original panel members but also to all other judges of the court in regular active service, less than a majority of whom have voted in favor of rehearing en banc. Accordingly, the petition has been returned to the panel for decision.

Upon consideration...

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