Michael Bailey Jane Bailey Billy Bailey v. D.H. Kennedy D.B. Whitley Mike Crisp City of Hickory

360 F.3d 470

Michael BAILEY; Jane Bailey; Billy Bailey, Plaintiffs-Appellees,

v.

D.H. KENNEDY; D.B. Whitley; Mike Crisp; City of Hickory, Defendants-Appellants.

No. 02-1761.

United States Court of Appeals, Fourth Circuit.

Filed February 20, 2004.

1

On Petition for Rehearing and Rehearing En Banc.

2

Appellants have filed a petition for rehearing and rehearing en banc.

3

Judges Williams, Traxler and Senior Judge Hamilton voted to deny.

4

A member of the Court requested a poll on the petition for rehearing en banc. The poll failed to produce a majority of the judges in active service in favor of rehearing en…