Embrey v. Hershberger
| Decision Date | 06 June 1997 |
| Docket Number | No. 95-2906,95-2906 |
| Citation | 116 F.3d 826 |
| Parties | William J.R. EMBREY, Appellant, v. Greg HERSHBERGER, Appellee |
| Court | U.S. Court of Appeals — Eighth Circuit |
Appeal from the United States District Court for the Western District of Missouri.
Prior report: 106 F.3d 805.
Appellee's petition for rehearing with suggestion for rehearing en banc has been considered by the court and is granted. The opinion and judgment of this court filed on January 31, 1997 are vacated. The case is set for oral argument before the court en banc on Tuesday, September 9, 1997 in St. Louis, Missouri.
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3 cases
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Embrey v. Hershberger
...and on appeal a panel of our court reversed that judgment. See Embrey v. Hershberger, 106 F.3d 805 (8th Cir.1997), vacated, 116 F.3d 826 (8th Cir.1997). Our court voted to take the case en banc and vacated the judgment of the panel. See Embrey v. Hershberger, 116 F.3d 826 (8th Cir.1997). We......
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Mobley v. U.S.
...convicted of non-capital offense). 12. See Embrey v. Hershberger, 106 F.3d 805, 808 (8th Cir.1997), vacated and reh'g en banc granted, 116 F.3d 826 (1997); United States v. Maybeck, 23 F.3d 888, 893 (4th Cir.1994); Mills v. Jordan, 979 F.2d 1273, 1279 (7th Cir.1992); Pilchak v. Camper, 935 ......
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U.S. v. Burnette
...were vacated in reliance on United States v. Hunter, supra.5 The judgment of the panel was vacated prior to the en banc hearing. 116 F.3d 826 (8th Cir.1997).6 Reacting to Simpson and the subsequent case of Busic v. United States, 446 U.S. 398, 100 S.Ct. 1747, 64 L.Ed.2d 381 (1980), Congress......