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Elliott v. United States

United States Court of Appeals, Eleventh Circuit
Jul 28, 1994
28 F.3d 1076 (11th Cir. 1994)

Summary

vacating prior panel opinion

Summary of this case from Dall v. United States

Opinion

No. 93-8027.

July 28, 1994.

H. Randolph Aderhold, Jr., Asst. U.S. Atty., Macon, GA, Vicki Raines Crowell, Department of the Army, Office of the Staff Judge Advocate, Fort Benning, GA, Lowell V. Sturgill, Jr., U.S. Dept. of Justice, Robert S. Greenspan, Washington, DC, for appellant.

Paul Van Kilpatrick, Max Reginald McGlamry, Charles Neal Pope, Columbus, GA, Wade H. Tomlinson, III, Pope, McGlamry, Kilpatrick Morrison, Michael L. McGlamry, Steven W. Saccoccia, Atlanta, GA, for appellee.

Appeal from the United States District Court for the Middle District of Georgia (No. 91-55-COL), J. Robert Elliott, Judge.

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

Senior U.S. Circuit Judge Peter T. Fay has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).


ON PETITION FOR REHEARING AND SUGGESTION OF REHEARING EN BANC [2] (Opinion February 15, 1994, 11th Cir., 1994, 13 F.3d 1555) [3] July 28, 1994.


A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges of 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.


Summaries of

Elliott v. United States

United States Court of Appeals, Eleventh Circuit
Jul 28, 1994
28 F.3d 1076 (11th Cir. 1994)

vacating prior panel opinion

Summary of this case from Dall v. United States
Case details for

Elliott v. United States

Case Details

Full title:DAVID E. ELLIOTT, JR., AN INCAPACITATED ADULT BY AND THROUGH HIS GUARDIAN…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jul 28, 1994

Citations

28 F.3d 1076 (11th Cir. 1994)

Citing Cases

Dall v. United States

After leveling this accusation, Plaintiffs proceed to rely very heavily on Elliott throughout their Response…