Brett C. Kimberlin v. Michael J. Quinlan ( 1994 )

ON APPELLEE’S SUGGESTION FOR REHEARING IN BANC

PER CURIAM.

ORDER

Appellee’s Suggestion For Rehearing In Banc and the response thereto have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the court in regular active service did not vote in favor of the suggestion. Upon consideration of the foregoing, it is

ORDERED, by the Court in banc, that the suggestion is denied.

SENTELLE and ROGERS, Circuit Judges, did not participate in this matter. Chief Judge MIKVA and Circuit Judges WALD, HARRY T. EDWARDS and RANDOLPH would grant the suggestion. A statement of Circuit Judge STEPHEN F. WILLIAMS, joined by Circuit Judges SILBERMAN and BUCKLEY, and a statement of Circuit Judge SILBERMAN, concurring in the denial of rehearing in banc, are attached. A statement of Circuit Judge HARRY T. EDWARDS, joined by Chief Judge MIKVA and Circuit Judge WALD, dissenting from the denial of rehearing in banc is also attached.