MOORE v. SUN BANK OF NORTH FLORIDA, 953 F.2d 1274 (11th Cir. 1992)

DAVID E. MOORE, AN INDIVIDUAL, PLAINTIFF-APPELLEE, v. SUN BANK OF NORTH FLORIDA, N.A., A FLORIDA CORPORATION, DEFENDANT-APPELLANT.

No. 88-4018.United States Court of Appeals, Eleventh Circuit.
January 31, 1992.

Susan G. Sparks, Smith, Currie Hancock, J. Thomas Kilpatrick, Atlanta, Ga., for defendant-appellant.

Miriam R. Eisenstein, U.S. Dept. of Justice, Washington, D.C., for amicus curiae.

S. Grier Wells, Brant, Moore, Sapp, MacDonald Wells, P.A., W. Scott Cole, Jacksonville, Fla., for plaintiff-appellee.

M. David Gelfand, Appellate Advocacy Program, Tulane Law School, Terry E. Allbritton, New Orleans, La., for amicus curiae.

Appeal from the United States District Court for the Middle District of Florida.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion January 25, 1991, 11th Cir., 1991, 923 F.2d 1423) Before TJOFLAT, Chief Judge, FAY, HATCHETT, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges.[*]

[*] Senior U.S. Circuit Judges James C. Hill and Thomas a Clark have elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).

BY THE COURT:

[1] A member of this court in active service having requested a poll on the application 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,

[2] 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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