Opinion · Court of Appeals for the Eleventh Circuit

Joe Billy Toles v. Mr. C.E. Jones (Warden) and the Attorney General of the State of Alabama

905 F.2d 346

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1990-06-07
Topic
commercial

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion October 13, 1989, 11th Cir., 1989, 888 F.2d 95) Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, *347 ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges. * BY THE COURT: A member of this court in active service having requested a poll on the application for 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 with oral argument during the week of October 8, 1990, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel’s opinion is hereby VACATED.

Citator

UpLaw has not yet analyzed Joe Billy Toles v. Mr. C.E. Jones (Warden) and the Attorney General of the State of Alabama. The absence of a flag is not a finding that it is good law.

Cited by
13 opinions
TOLES v. JONES,905 F.2d 346(11th Cir. 1990)
JOE BILLY TOLES, PLAINTIFF-APPELLANT, v. MR. C.E. JONES (WARDEN) AND THE
ATTORNEY GENERAL OF THE STATE OF ALABAMA, DEFENDANTS-APPELLEES.
No. 88-7400.
United States Court of Appeals, Eleventh Circuit.
June 7, 1990.
Michael L. Waldman, Fried, Frank, Harris, Shriver Jacobson, Washington, D.C., for plaintiff-appellant.

Stacey S. Houston, Asst. Atty. Gen., PCR Section, Montgomery, Ala., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Alabama; Clarence W. Allgood, Judge.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion October 13, 1989, 11th Cir., 1989,888 F.2d 95)
Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT,Page 347ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges.fn*
BY THE COURT:
[1] A member of this court in active service having requested a poll on the application for 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,

[2] IT IS ORDERED that the above cause shall be reheard by this court en bancwithoral argument during the week of October 8, 1990, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel's opinion is hereby VACATED.
  1. Senior Judge James C. Hill has elected to participate in further proceedings in this matter pursuant to28 U.S.C. § 46(c). ↩