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John S. Freund v. Robert A. Butterworth, Attorney General, 135 F.3d 1419, 11th Cir. (1998)

This document is a court order from the United States Court of Appeals for the Eleventh Circuit granting a rehearing en banc for the case of John S. Freund v. Robert A. Butterworth. The order vacates the previous panel's opinion and states that the full court will rehear the case. It notes that a member of the court requested a poll on rehearing and a majority of judges voted in favor of rehearing the case en banc.

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21 views2 pages

John S. Freund v. Robert A. Butterworth, Attorney General, 135 F.3d 1419, 11th Cir. (1998)

This document is a court order from the United States Court of Appeals for the Eleventh Circuit granting a rehearing en banc for the case of John S. Freund v. Robert A. Butterworth. The order vacates the previous panel's opinion and states that the full court will rehear the case. It notes that a member of the court requested a poll on rehearing and a majority of judges voted in favor of rehearing the case en banc.

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© Public Domain
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135 F.

3d 1419
11 Fla. L. Weekly Fed. C 1115

John S. FREUND, Petitioner-Appellant.


v.
Robert A. BUTTERWORTH, Attorney General, RespondentAppellee.
No. 93-5317.

United States Court of Appeals,


Eleventh Circuit.
Feb. 25, 1998.

Paul Morris, Coral Gables, FL, for Petitioner-Appellant.


Robert W. Butterworth, Atty. Gen., Tallahassee, FL, Melvina Flaherty,
Office of the Atty. Gen., West Palm Beach, FL, Myra J. Fried, Asst. Atty.
Gen., West Palm Beach, FL, for Respondent-Appellee.
Appeal from the United States District Court for the Southern District of
Florida (No. 93-8213-CIV-UUB), Ursula Ungaro-Benages, Judge.
ON PETITION FOR REHEARING AND SUGGESTION FOR
REHEARING EN BANC
(Opinion July 16, 1997, 11th Cir., 117 F.3d 1543).
Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON,
EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, HULL
and MARCUS, Circuit Judges.*
BY THE COURT:
A member of this court in active service having requested a poll on the
suggestion of rehearing en banc and a majority of the judges in this court
in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en
banc. The previous panel's opinion is hereby VACATED.

Judge Rosemary Barkett has recused herself and will not participate. Senior
Judge Peter T. Fay has elected to not participate in further proceedings in this
matter pursuant to 28 U.S.C. 46(c)

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