Opinion · Court of Appeals for the Eleventh Circuit

John S. Freund v. Robert A. Butterworth, Attorney General

135 F.3d 1419

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1998-02-25
Topic
commercial

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, HULL and MARCUS, Circuit Judges. * *1420 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.

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Cited by
7 opinions
FREUND v. BUTTERWORTH,135 F.3d 1419(11th Cir. 1998)
John S. Freund, Petitioner-Appellant, v. Robert A. Butterworth, Attorney
General, Respondent-Appellee.
No. 93-5317.
United States Court of Appeals, Eleventh Circuit.
Filed February 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.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion July 16, 1997, 11th Cir., ___ F.3d ___)

Appeal from the United States District Court for the Southern District of Florida.

(District Court No. 93-8213-CIV-UUB).
Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, HULL and MARCUS, Circuit Judges.1Page 1420
BY THE COURT:
[1] 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.


[2] Senior Judge Peter T. Fay has elected to not participate in further proceedings in this matter pursuant to28 U.S.C. § 46(c).
  1. Judge Rosemary Barkett has recused herself and will not participate. ↩