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Wachter v. United States

filed: August 23, 1989.

JEAN M. WACHTER; ROBERT WACHTER, PLAINTIFFS - APPELLANTS
v.
UNITED STATES OF AMERICA, DEFENDANT - APPELLEE



Original Opinion reported at,

Corrected Order

On Petition for Rehearing with Suggestion for Rehearing In Banc

The appellants' petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judge Murnaghan voted for rehearing in banc; and Chief Judge Ervin, as well as Judges Winter, Russell, Widener, Hall, Sprouse, Phillips, Chapman, Wilkinson, and Wilkins voted against rehearing the case in banc. As a majority of the judges voted to deny rehearing in banc, and

As the panel considered the petition for rehearing and is of the opinion that it should be denied,

IT IS ADJUDGED AND ORDERED that the petition for rehearing and suggestion for rehearing in banc are denied. The appellee's motion to file its response to the appellant's petition for rehearing and suggestion for rehearing in banc is granted.

Entered at the direction of Chief Judge Ervin, with the concurrence of Judge Wilinson. Judge Murnaghan dissents.

19890823

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