NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION, INC., ET AL., APPELLANTS,
v.
NATIONAL CONSTRUCTORS ASSOCIATION, ET AL., APPELLEES
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The court denied petitions for rehearing and rehearing en banc.
Several companies filed petitions for rehearing and requests for rehearing en banc following a prior decision. The court considered these petitions.…
The full statement of facts, procedural history, and disposition for this case are member content.
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I
The National Electrical Contractors Association, et al. filed their petition for rehearing with a request for rehearing en banc, 678 F. 2d 492 (4th Cir.).
Upon a request for a poll of the court on the petition for rehearing en banc, less than a majority of the judges in regular active service voted in the affirmative.
It is accordingly ADJUDGED and ORDERED that the petition for rehearing en banc of National Electrical Contractors Association, et al. shall be, and the same hereby is, denied.
II
Miller Electric Company and Colgan Electric Company filed their petition for rehearing with a request for rehearing en banc. On the petition there was no request for a poll of the court on the petition for rehearing en banc.
It is accordingly ADJUDGED and ORDERED that the petition for rehearing en banc of Miller Electric Company and Colgan Electric Company shall be, and it hereby is, denied.
III
The panel has considered both the said petitions for rehearing and is of opinion they are without merit.
It is accordingly ADJUDGED and ORDERED that both the said petitions shall be, and they hereby are, denied.
MICHAEL, District Judge, concurs in this entire order. K. K. HALL, Circuit Judge, concurs in part II of this order and in the denial of the petition of Miller Electric Company and Colgan Electric Company. As to part I of this order, Judge HALL would have granted the petition for rehearing en banc; as a member of the panel, he would have granted the petition for rehearing of National Electrical Contractors Association, et al.; both for the reasons set forth in his dissenting opinion.
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Citator
Authorities Cited
- Nat'l Elec. Contractors Ass'n, Inc. v. Nat'l Constructors Ass'n, 678 F.2d 492 (4th Cir. 1982)