united-states-v-four-parcels-of-real-property-in-greene-and-tuscaloosa , 902 F.2d 24 ( 1990 )


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  • 902 F.2d 24

    UNITED STATES of America, Plaintiff-Appellant,
    v.
    FOUR PARCELS OF REAL PROPERTY IN GREENE AND TUSCALOOSA
    COUNTIES IN THE STATE OF ALABAMA, etc.; J.C.
    Pate, Jr.; Rita Pate; et al., Defendants,
    Donald K. Daniel, Claimant-Appellee.

    No. 89-7061.

    United States Court of Appeals,
    Eleventh Circuit.

    April 23, 1990.

    Frank W. Donaldson, U.S. Atty., James D. Ingram, Birmingham, Ala., for plaintiff-appellant.

    John W. Kelly, Sikes & Kelly, Selma, Ala., for claimant-appellee.

    Appeal from the United States District Court for the Northern District of Alabama.

    Prior report: 893 F.2d 1245.

    ON SUGGESTION FOR REHEARING EN BANC

    Before TJOFLAT, Chief Judge, FAY, KRAVITCH, JOHNSON, HATCHETT, 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.

    *

    Senior Judge Lewis R. Morgan has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. 46(c)