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JENNINGS v. JONES

No. 05-2522.

499 F.3d 1 (2007)

Adam JENNINGS, Plaintiff, Appellant, v. Kenneth JONES, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Entered: August 17, 2007.

Attorney(s) appearing for the Case

Charles M. Bradley, FTS, Westerly, RI, for Plaintiff, Appellant.

Rebecca Tedford Partington, FTS, RI Attorney General's Office, Providence, RI, for Defendant, Appellee.

Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

ORDER OF COURT

Appellee Kenneth Jones filed a petition for rehearing en banc in this case, which, under our Internal Operating Procedure X, encompasses a petition for panel rehearing. The petition for rehearing is granted. Accordingly, the panel's March 7, 2007, opinion is withdrawn and the judgment of even date vacated.

The panel majority now issues a new opinion, which eliminates the portion of the original panel opinion concluding that the defendant had...

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