Opinion
No. 78-3109.
June 21, 1979.
Richard J. Clarkson, Beaumont, Tex., for petitioner-appellant.
Joel Berger, New York City Legal Defense Fund and Educational Fund, Inc., NAACP, amicus curiae.
Anita Ashton, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.
Appeal from the United States District Court for the Western District of Texas; John H. Wood, Jr., Judge.
Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE and KRAVITCH, Circuit Judges.
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC [2] (Opinion April 11, 1979, 5 Cir., 1979, 592 F.2d 1297).
A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.