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ALFRED EKANEM v. HEALTH AND HOSPITAL CORPORATION MARION COUNTY (02/07/84)

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


February 7, 1984

ALFRED EKANEM, ET. AL., PLAINTIFFS-APPELLANTS
v.
THE HEALTH AND HOSPITAL CORPORATION OF MARION COUNTY, INDIANA, ET. AL. DEFENDANTS-APPELLEES.

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 77-C-224 William E. Steckler, Judge.

Hon. WILBUR F. PELL, JR., Circuit Judge Hon. HARLINGTON WOOD, JR., Circuit Judge Hon. IRVING HILL, Senior District Judge*fn*

Order

The opinion in this case, issued December 14, 1983, is modified as follows:

(1) On page 11, third line from the bottom, immediately before "Pickering," insert: "Connick v. Myers, 51 U.S.L.W. 4436, 4438 (U.S. Apr. 20, 1983);".

(2) On page 12, delete the entire 1st full paragraph, beginning with "Even assuming, arguendo, etc."

(3) Also on page 12, delete the last sentence on the page, "The District Court properly dismissed this claim." and replace it with "The district court correctly concluded that Ekanem failed to sustain his burden of proof with respect to his first amendment claims."

On consideration of the petitions for rehearing and suggestion for rehearing in banc filed in the above-entitled cause by both the plaintiffs-appellants and defendants-appellees, no judge in active service has requested a vote thereon, and all of the judges on the original panel have voted to deny a rehearing. Accordingly,,

IT IS ORDERED that the aforesaid petitions for rehearing be, and the same are hereby, DENIED.


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