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JOE BILLY TOLES, PLAINTIFF-APPELLANT, v. MR. C.E. JONES (WARDEN) AND THE ATTORNEY GENERAL OF THE STATE OF ALABAMA, DEFENDANTS-APPELLEES.

BY THE COURT:

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,

IT IS ORDERED that the above cause shall be reheard by this court en banc with oral argument during the week of October 8, 1990, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel's opinion is hereby VACATED.

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TOLES v. JONES
(Jun 7, 1990)