Lewis v. Pearson Foundation, Inc., A-A-A

Citation917 F.2d 1077
Decision Date24 October 1990
Docket NumberA-A-A,No. 88-1293,88-1293
PartiesWarna Irene LEWIS, Appellant, v. PEARSON FOUNDATION, INC., Robert J. Pearson, Kathleen Pearson, John M. Byres, Mother and Unborn Baby Care of St. Louis, d/b/aPregnancy Problem Center, Rita Roberson, Richard Chrismer, Marie Becker, Mary Elizabeth Kretschmer, Susan Schlesinger, Thomas Rohan, and Elizabeth Doe, a fictitious name, Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)

Appeal from the United States District Court for the Eastern District of Missouri; Edward L. Filippine, Chief Judge.

Prior Report: 908 F.2d 318.

ORDER

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, ROSS, Senior Judge, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, En Banc.

This case has been reheard en banc, and the judgment of the district court is affirmed by an equally divided court. Judges Arnold, Bowman, Wollman, Magill and Beam vote to affirm, and Chief Judge Lay, Senior Judge Ross, and Judges McMillian, Gibson and Fagg vote to reverse.

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6 cases
  • McCabe v. Macaulay
    • United States
    • U.S. District Court — Northern District of Iowa
    • 1 d5 Setembro d5 2006
    ...en banc. The en bane court vacated the panel's decision and affirmed the district court by operation of law. Lewis v. Pearson Found., Inc., 917 F.2d 1077, 1077 (8th Cir.1990). Second, in Larson ex rel. Larson v. Miller, 55 F.3d 1343 (8th Cir.1995), a divided panel of the Eighth Circuit Cour......
  • Bailiff v. Adams County Conference Bd.
    • United States
    • U.S. District Court — Southern District of Iowa
    • 4 d4 Março d4 1999
    ...court order, rehearing was held, en banc. An equally divided court affirmed the decision of the district court. Lewis v. Pearson Found., Inc., 917 F.2d 1077 (8th Cir.1990). 4. In Bray, abortion clinics and abortion rights organizations sought an injunction preventing abortion protestors ("O......
  • Blank v. Heineman
    • United States
    • U.S. District Court — District of Nebraska
    • 11 d5 Janeiro d5 1991
    ...September 7, 1990, and the Court, on rehearing en banc, affirmed the decision of the district court. Lewis v. Pearson Foundation, Inc., 917 F.2d 1077 (8th Cir.1990) (en banc). This Court notes that the Honorable Floyd R. Gibson, in his dissent, stated that the decision of the district court......
  • Lucero v. Operation Rescue of Birmingham
    • United States
    • U.S. District Court — Northern District of Alabama
    • 15 d4 Agosto d4 1991
    ... ...         In Terry Properties, Inc. v. Standard Oil Co. (Ind.), 799 F.2d 1523, 1533-34 (11th ...    Perhaps the best focus on the issue is found in Lewis v. Pearson Foundation, 908 F.2d 318 (8th Cir.1990) which ... ...
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