Cheffer v. McGregor, 93-2407

Decision Date14 December 1994
Docket NumberNo. 93-2407,93-2407
Citation41 F.3d 1421
PartiesMyrna CHEFFER, Plaintiff-Appellant, v. Robert MCGREGOR, Circuit Judge for the 18th Judicial Circuit, Norman Wolfinger, State Attorney for Seminole and Brevard Counties, Claude Miller, Sheriff for Brevard County, Keith I. Chandler, Melbourne, Chief of Police, Defendants-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Mathew D. Staver, Jeffrey T. Kipi, Orlando, FL, for appellant.

Gerald B. Curington, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL,

James L. Reinman, Melbourne, FL, Jennifer Parker LaVia, Gayle Smith Swedmark, Tallahassee, FL, for appellees.

Appeal from the United States District Court for the Middle District of Florida; (No. 93-264-CIV-ORL-18); G. Kendall Sharp, Judge.

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

BY THE COURT:

A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor thereof,

IT IS ORDERED that the above cause shall be reheard by this court sitting en banc. The previous panel opinion, 6 F.3d 705 (11th Cir.1993), is hereby VACATED.

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1 books & journal articles
  • Constitutional Civil Law - Albert Sidney Johnson
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 48-4, June 1997
    • Invalid date
    ...previously held the injunction to be a viewpoint-based restriction on speech in Cheffer v. McGregor, 6 F.3d 705 (11th Cir. 1993), vacated, 41 F.3d 1421 (11th Cir. 1994). 115. 96 F.3d at 481. 116. Id. 117. Id. at 482. 118. Id. 119. Id. The injunction stated that "law enforcement authorities,......

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