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COOEY II v. STRICKLAND

No. 09-4474.

588 F.3d 1124 (2009)

Richard Wade COOEY II, et al., Plaintiffs, Kenneth Biros (Intervenor), Plaintiff-Appellant, v. Ted STRICKLAND, Governor, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

December 7, 2009.

Attorney(s) appearing for the Case

Charles L. Wille, James Eric Holloway, Office Of The Ohio Attorney General, Columbus, OH, for Plaintiff-Appellant.

John Patrick Parker, Attorney, Law Offices, Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, OH, for Defendants-Appellees.

Before: SILER, GIBBONS, and SUTTON, Circuit Judges.

ORDER

The court received a petition for rehearing en banc, stay of execution and issuance of a briefing schedule, and the petition was circulated not only to the original panel members but also to all other active1 judges of the court. Less than a majority of the judges having favored the suggestion, the petition was therefore referred to the original panel.

The panel has further reviewed the petition for rehearing and other...

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