Dorothy R. Cannon v. The Kroger Co.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC.

The appellant’s petition for rehearing and suggestion for rehearing in banc were submitted to this Court. [Prior report: 832 F.2d 303]

On the question of rehearing before the panel, Judge Smalkin, United States District Judge sitting by designation, voted to rehear the case. Judges Hall and Wilkinson voted to deny.

In a requested poll of the Court on the suggestion for rehearing in banc, Judges Widener, Phillips, and Murnaghan voted to rehear the case in banc; and Judges Winter, Russell, Hall, Sprouse, Ervin, Chapman, Wilkinson, and…