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RUTHERFORD v. McDONOUGH

No. 06-10783.

466 F.3d 970 (2006)

ARTHUR D. RUTHERFORD, Plaintiff-Appellant, v. JAMES McDONOUGH, CHARLIE CRIST, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 5, 2006.

ON REMAND FROM THE UNITED STATES SUPREME COURT

CARNES, Circuit Judge.

The Supreme Court vacated our prior decision, Rutherford v. Crosby (Rutherford I), 438 F.3d 1087 (11th Cir. 2006), and remanded this case to us for further consideration in light of that Court's decision in Hill v. McDonough, 547 U.S. ___, 126 S.Ct. 2096 (2006). See Rutherford v. McDonough,

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