Michael Lee Forton, Holly Nicole Ray-Kirby, Legal Services Alabama, HUNTSVILLE, AL, for Plaintiff-Appellant.
Charles A. Stewart, III, Bradley Arant Boult Cummings, LLP, MONTGOMERY, AL, Jonathan C. Rudy Hill, Bradley Arant Boult Cummings, LLP, BIRMINGHAM, AL, for Defendant-Appellee.
Before ED CARNES, Chief Judge, TJOFLAT, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, BRANCH, and GRANT, Circuit Judges :
Judge Newsom, having recused himself, did not participate in the poll.
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BY THE COURT:A petition for rehearing en banc having been filed, a member of this Court in active service having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor of granting rehearing en banc, it is ORDERED that this case will be reheard en banc. The panel’s opinion is VACATED.