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Collins v. City of Norfolk

filed: September 27, 1989.

HERBERT M. COLLINS; H. MARKS S. RICHARD; BARBARA C. PARHAM; WILLIAM E. SWINDELL, JR.; MILTON A. REID; NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NORFOLK BRANCH; GEORGE BANKS; JULIAN HAZEL, PLAINTIFFS - APPELLANTS
v.
CITY OF NORFOLK, VIRGINIA, A MUNICIPAL CORPORATION; MASON C. ANDREWS; JOSEPH A. LEAFE; JOSEPH N. GREEN, JR.; CLAUDE J., JR.; ROBERT E. SUMMERS; ELIZABETH M. HOWELL, MEMBERS OF THE NORFOLK CITY COUNCIL; CITY OF NORFOLK ELECTORAL BOARD; PAUL D. FRAIM; MARTHA H. BOONE; PAUL M. LIPKIN, MEMBERS OF THE CITY OF NORFOLK ELECTORAL BOARD; VINCENT J. THOMAS, MAYOR OF THE CITY OF NORFOLK, DEFENDANTS - APPELLEES



Original Opinion reported at,

On Petition for Rehearing with Suggestion for Rehearing In Banc

The appellees' petition for rehearing and suggestion for rehearing in banc were submitted to this Court. In a requested poll of the Court, Judges Russell, Widener, Hall, Chapman and Wilkins voted to rehear the case in banc; and Chief Judge Ervin and Judges Winter, Phillips, Murnaghan, Sprouse and Butzner voted against rehearing the case in banc. Judge Wilkinson disqualified himself from participation in the poll. 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.

Entered at the discretion of Judge Chapman with the concurrence of Judge Murnaghan and Judge Butzner.

19890927

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