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  • Eugene Kevin Wells v. Edward Murray, Director, Virginia Department of Corrections, 846 F.2d 264, 4th Cir. (1988)

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    This document summarizes the denial of a petition for rehearing in a federal appellate court case. The appellant had petitioned for rehearing by the original three-judge panel and for rehearing by the entire court. One judge on the original panel voted to rehear the case but was overruled by the other two judges. Additionally, a minority of the full court voted for an en banc rehearing but was also overruled by the majority who voted against rehearing. Therefore, the petition for rehearing, both by the panel and en banc, was denied.

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    Filed: 1988-05-10 Precedential Status: Precedential Citations: 846 F.2d 264 Docket: 86-7683

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    This document summarizes the denial of a petition for rehearing in a federal appellate court case. The appellant had petitioned for rehearing by the original three-judge panel and for rehearing by the entire court. One judge on the original panel voted to rehear the case but was overruled by the other two judges. Additionally, a minority of the full court voted for an en banc rehearing but was also overruled by the majority who voted against rehearing. Therefore, the petition for rehearing, both by the panel and en banc, was denied.

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    5 views1 page

    Eugene Kevin Wells v. Edward Murray, Director, Virginia Department of Corrections, 846 F.2d 264, 4th Cir. (1988)

    Uploaded by

    Scribd Government Docs
    This document summarizes the denial of a petition for rehearing in a federal appellate court case. The appellant had petitioned for rehearing by the original three-judge panel and for rehearing by the entire court. One judge on the original panel voted to rehear the case but was overruled by the other two judges. Additionally, a minority of the full court voted for an en banc rehearing but was also overruled by the majority who voted against rehearing. Therefore, the petition for rehearing, both by the panel and en banc, was denied.

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    of 1

    846 F.

    2d 264

    Eugene Kevin WELLS, Plaintiff-Appellant


    v.
    Edward MURRAY, Director, Virginia Department of
    Corrections,
    Defendants-Appellees.
    No. 86-7683.

    United States Court of Appeals,


    Fourth Circuit.
    May 10, 1988.
    1

    Prior Report: 4th Cir., 831 F.2d 468.

    2 PETITION FOR REHEARING WITH SUGGESTION FOR REHEARING IN


    ON
    BANC.
    3

    The appellant's petition for rehearing and suggestion for rehearing in banc were
    submitted to this Court.

    On the question of rehearing before the panel, Judge MURNAGHAN voted to


    rehear the case. Chief Judge WINTER and Circuit Judge ERVIN voted to deny.

    In a requested poll of the Court on the suggestion for rehearing in banc, Circuit
    Judges MURNAGHAN and DONALD RUSSELL voted to rehear the case in
    banc; and Circuit Judges WINTER, WIDENER, K.K. HALL, JAMES
    DICKSON PHILLIPS, SPROUSE, CHAPMAN, WILKINSON and WILKINS
    voted against in banc rehearing.

    As the panel considered the petition for rehearing and is of the opinion that it
    should be denied, and as a majority of the active circuit judges voted to deny
    rehearing in banc,

    IT IS ADJUDGED AND ORDERED that the petition for rehearing and


    suggestion for rehearing in banc are denied.

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