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03-4508•Lynn D. Tucker , J R . v. City of Fairfield , Ohio
03-4508Court of Appeals for the Sixth CircuitApr 28, 2005
RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit Rule 206
File Name: 05a0200p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
_________________
LYNN D. TUCKER , J R ., et al.
Plaintiffs-Appellees,
v.
CITY OF FAIRFIELD , OHIO , et al.
Defendants-Appellants.
X---->
,-
N
No. 03-4508
Filed: April 28, 2005
Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.
_________________
ORDER
_________________
The court having received a petition for rehearing en banc, and the petition having been
circulated not only to the original panel members but also to all other active judges of this court, and
less than a majority of the judges having favored the suggestion, the petition for rehearing has been
referred to the original panel.
The panel has further reviewed the petition for rehearing and concludes that the issues raised
in the petition were fully considered upon the original submission and decision of the case.
Accordingly, the petition is denied. Judge Kennedy would grant rehearing for the reasons stated in
her dissent.
ENTERED BY ORDER OF THE COURT
/s/ Leonard Green
______________________________________
Clerk
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