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KENYON v. EDWARDS

No. 05-3487.

503 F.3d 722 (2007)

David KENYON, Appellee v. Clayton EDWARDS, individually, Appellant Lt. Jim Hale, Individually, et al.

United States Court of Appeals, Eighth Circuit.

May 1, 2007.

ORDER

The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied.

BEAM, Circuit Judge, with whom RILEY, Circuit Judge, joins, dissenting.

Before this en banc panel is defendant's motion to reconsider the court's order dated January 18, 2007, affirming, "by vote of an equally divided court" a district court order concerning defendant's right to qualified immunity. This en banc affirmance, by its adoption of...

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