ZINK v. LOMBARDI

No. 14-1919.

749 F.3d 744 (2014)

David ZINK, et al. William L. Rousan, Appellant. Earl Ringo, Jr., et al. v. George A. LOMBARDI, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

April 22, 2014.


Attorney(s) appearing for the Case

Eric W. Butts , Saint Louis, MO, for appellant William L. Rousan.

Michael J. Spillane , Asst. Atty. Gen., Jefferson City, MO ( Chris Koster , Atty. Gen., on the brief), for appellees.


ORDER

The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Murphy, Judge Bye and Judge Kelly would grant the petition for rehearing en banc.

Judge Benton did not participate in the consideration or decision of this matter.

BYE, Circuit Judge, dissenting, with whom MURPHY and KELLY, Circuit Judges, join.

I would grant the petition for rehearing en banc to grant the motion for stay of Rousan...

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