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UNDERWOOD v. PERRY COUNTY COM'N

No. 04-11713.

452 F.3d 1258 (2006)

Viola Williams UNDERWOOD, Plaintiff-Appellant, v. PERRY COUNTY COMMISSION, Albert Turner, Albert Paige, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 21, 2006.

Attorney(s) appearing for the Case

Stephen Jared Austin, John David Saxon, John D. Saxon, P.C., Birmingham, AL, for Underwood.

Robbie Alexander Hyde, Webb & Eley, P.C., Montgomery, AL, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

BY THE COURT:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), rehearing en banc is DENIED.

CARNES and PRYOR, Circuit Judges, concurring in the denial of rehearing en banc:

We write to clarify one issue. The dissent contends that the panel placed...

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