McKinney v. Pate
Decision Date | 17 June 1993 |
Docket Number | No. 91-3416,91-3416 |
Citation | 994 F.2d 772 |
Parties | Millard McKINNEY, Plaintiff-Appellant, v. John PATE, individually and in his official capacity as Commissioner of the Osceola County Board of Commissioners, Jack Shannin, individually and in his official capacity as Development Dept. Director of Osceola County, and the Osceola County Board of Commissioners, Collectively, Defendants-Appellees. |
Court | U.S. Court of Appeals — Eleventh Circuit |
Thomas J. Pilacek, Longwood, FL, for plaintiff-appellant.
Lewis E. Shelley, Tallahassee, FL, for defendants-appellees.
Appeal from the United States District Court for the Middle District of Florida
(No. 89-836-CIV-ORL-19), L. Clure Morton, Judge, Sitting by Designation.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion March 17, 1993, 11th Cir., 1993, 985 F.2d 1502)
Before TJOFLAT, Chief Judge, FAY, KRAVTICH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.
A member of this court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.
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McKinney v. Pate
...specially concurring). The full court ordered the case reheard en banc and consequently vacated the panel's opinion. McKinney v. Pate, 994 F.2d 772, 773 (11th Cir.1993). II. A. The Due Process Clause of the Fourteenth Amendment provides "nor shall any State deprive any person of life, liber......
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Hunter v. City of Warner Robins, Ga.
...Circuit Court of Appeals vacated the decision in McKinney and ordered that the case be reheard by the court en banc. McKinney v. Pate, 994 F.2d 772, 773 (11th Cir.1993). Apparently, the basis for the rehearing is to address the issues raised by Chief Judge Tjoflat in his concurrence to the ......
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Constitutional Civil Law - Albert Sidney Johnson
...1989). 229. Id. 230. Hearn v. City of Gainesville, 688 F.2d 1328, 1332 (11th Cir. 1982). 231. 985 F.2d 1502 (11th Cir.) opinion vacated, 994 F.2d 772 (11th Cir. 1993) ("McKinney i"). 232. McKinney v. Pate, 20 F.3d 1550 (11th Cir. 1994). 233. See Johnson, supra note 67, at 1238. 234. Bonner ......