Faragher v. City of Boca Raton

United States Court of Appeal, Eleventh Circuit. No. 94-4878. Beth Ann FARAGHER; Nancy Ewanchew, Plaintiffs-Appellants-CrossAppellees, v. CITY OF BOCA RATON, a political subdivision of the State of Florida, Defendant-Appellee-Cross-Appellant, Bill Terry; David Silverman, Defendants-Appellees. May 13, 1996. Appeals from the United States District Court for the Southern District of Florida (No. 92-8010-CIV-SH); Shelby Highsmith, Judge. ON PETITION FOR REHEARING (Opinion February 8, 1996, 11th Cir., 1996, 76 F.3d 1155 ) Before TJOFLAT, Chief Judge, and KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.* BY THE COURT: A member of this court in active service having requested a poll on whether this case should be reheard by the Court sitting 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. The previous panel's opinion is hereby VACATED. * Senior U.S. Circuit Judge David W. Dyer has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. § 46 (c).