Lib v. University of Missouri

On Petition for Rehearing En Banc

The petition for rehearing en banc is denied by an evenly divided court.

GIBSON, Chief Judge,

joined by HENLEY, Circuit Judge, files the following statement in regard to the denial of the petition for rehearing en banc:

*860GIBSON, Chief Judge.

I dissent from the denial of the petition for rehearing en banc. In my opinion, Fed. R.Civ.P. 52 has been misapplied in this case and the District Court’s findings of fact, which are supported by the record, have been improperly displaced by appellate findings of fact.

The divided panel opinion seems to hold that the “clearly…