Haire v. Calloway

Full title: WILLIE C. HAIRE, APPELLANT, v. HOWARD "BO" CALLOWAY, SECRETARY, U.S. ARMY…

Court: United States Court of Appeals, Eighth Circuit

Date published: Jul 22, 1976

537 F.2d 318 (8th Cir. 1976)

Opinion

Nos. 74-2004 and 75-1050.

July 22, 1976.

Edward L. Welch, Edwardsville, Ill., for appellants.

Jean C. Hamilton, Asst. U.S. Atty., St. Louis, Mo., for appellees.

Appeal from the United States District Court for the Eastern District of Missouri.

On Petition for Rehearing by Appellants.

Before BRIGHT, Circuit Judge, KILKENNY, Senior Circuit Judge,^_ and WEBSTER, Circuit Judge.

_ JOHN F. KILKENNY, Senior Circuit Judge, Ninth Circuit, sitting by designation.

ORDER

The opinion of the panel of this court in these two appeals, filed November 17, 1975, 8 Cir., 526 F.2d 246, is hereby vacated. On reconsideration of the appeals in light of Chandler v. Roudebush, ___ U.S. ___, 96 S.Ct. 1949, 48 L.Ed.2d 416 (1976), we direct that the judgment of the district court in each of these cases be vacated. We remand each case to the district court for further consideration and proceedings in conformity with Chandler v. Roudebush, supra.