449 F2d 1372 Pendergraft v. D Cook

449 F.2d 1372

Mrs. Catherine T. PENDERGRAFT, Petitioner-Appellee,
v.
Tom D. COOK, Superintendent, Mississippi State Penitentiary,
Respondent-Appellant.

No. 71-1598.

United States Court of Appeals,
Fifth Circuit.

Nov. 12, 1971.

A. F. Summer, Atty. Gen., G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, Miss., for respondent-appellant.

W. E. Gore, Jr., James B. Tucker, Jackson, Miss., for petitioner-appellee.

Before COLEMAN, SIMPSON, and RONEY, Circuit Judges.

ON PETITION FOR REHEARING OF 446 F.2d 1222, AND PETITION FOR

REHEARING EN BANC

PER CURIAM:

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1

The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also denied.

2

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

3

JOHN R. BROWN, Chief Judge, and WISDOM, Circuit Judge, dissent from the denial of rehearing en banc.

4

SIMPSON, Circuit Judge, dissents from the denial of rehearing and denial of rehearing en banc for the reasons outlined in his dissent from the panel decision.