840 F.

2d 778

Myra Holladay SIMS and Florida Import and Compliance

Association, Plaintiffs-Appellees,
v.
STATE OF FLORIDA, DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR
VEHICLES, Defendant-Appellant.
No. 86-3055.

United States Court of Appeals,

Eleventh Circuit.
March 1, 1988.

Eric J. Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla.,
for defendant-appellant.
Williams C. Owen, Carlton, Fields, Ward, Emmanuel, Smith & Cutler,
P.A., George N. Meros, Tallahassee, Fla., for amicus: Florida Auto.
Dealers Assoc.
Susan Greco Tuttle, Moffitt, Hart & Miller, Tampa, Fla., for amicus:
Import Auto. Dealers of Florida, Inc.
Edward T. O'Donnell, Mershon, Sawyer, Johnston, Dunwoody & Cole,
Miami, Fla., for amicus: Mercedes-Benz of North America, Inc.
Robert P. Smith, Jr., Tallahassee, Fla., for plaintiffs-appellees.
Appeal from the United States District Court for the Northern District of
Florida; William Stafford, Judge.

1 PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN

ON
BANC
2(Opinion December 2, 1987, 11th Cir., 1987, 832 F.2d 1558)
3

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH,

JOHNSON, HATCHETT, ANDERSON, and EDMONDSON, Circuit Judges* .

BY THE COURT:

A member of this court in active service having requested a poll on the

application for rehearing in banc and a majority of the judges of this court in
active service having voted in favor of granting a rehearing in banc,

IT IS ORDERED that the above cause shall be reheard by this court in banc
with oral argument during the week of June 6, 1988, on a date hereafter to be
fixed. The clerk will specify a briefing schedule for the filing of in banc briefs.
The previous panel's opinion is hereby VACATED.

Judge Clark is recused and will not participate in this decision