Dorothy R. Cannon v. The Kroger Co.
Opinions
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC.
The appellant’s petition for rehearing and suggestion for rehearing in banc were submitted to this Court. [Prior report: 832 F.2d 303]
On the question of rehearing before the panel, Judge Smalkin, United States District Judge sitting by designation, voted to rehear the case. Judges Hall and Wilkinson voted to deny.
In a requested poll of the Court on the suggestion for rehearing in banc, Judges Widener, Phillips, and Murnaghan voted to rehear the case in banc; and Judges Winter, Russell, Hall, Sprouse, Ervin, Chapman, Wilkinson, and Wilkins voted against in banc rehearing.
As the panel considered the petition for rehearing and is of the opinion that it should be denied, and as a majority of the active circuit judges voted to deny rehearing in banc,
IT IS ORDERED that the petition for rehearing and suggestion for rehearing in banc are denied.
Entered at the direction of Judge Hall.
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837 F.2d 660 (Dorothy R. Cannon v. The Kroger Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.