Cone Corp. v. Hillsborough County

This court voted to hear this case en banc to consider the first issue raised .by Cone Corporation and the other plaintiffs-appellants in their petition for rehearing and suggestion of rehearing en banc. . Petitioners challenge the authority of the three-judge panel that decided this appeal as an invalidly constituted panel of this circuit under 28 U.S.C. § 46. The panel was comprised of one active circuit judge of the Eleventh Cir-cúit, one senior circuit judge of the Eleventh Circuit, and a visiting judge sitting by designation. See Cone Corp. v. Hillsborough County, 983 F.2d 197, vacated…