Citations

Full opinion text

PER CURIAM:

The judgment of the district court is vacated, 785 F.Supp. 1469, and this case is remanded to the district court for reconsideration in light of Nipper v. Chiles, 1 F.3d 1171 (1993).

VACATED AND REMANDED.

COX, Circuit Judge,

dissenting:

I dissent. In my view Nipper should be reconsidered.

ORDER

March 23, 1994.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH and BLACK, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting en bane, 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 causes shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.