Coggin v. Longview Independent School Dist

Full title: Randall COGGIN, Plaintiff-Appellee, v. LONGVIEW INDEPENDENT SCHOOL…

Court: United States Court of Appeals, Fifth Circuit

Date published: Oct 7, 2002

309 F.3d 307 (5th Cir. 2002)

Opinion

No. 00-40731.

October 7, 2002.

Andy Wade Tindel (argued), Provost, Umphrey, Youngdahl Sadin, Charles H. Clark, Clark, Lea Ainsworth, Tyler, TX, for Plaintiff-Appellee.

Eric W. Schulze (argued), JoAnn S. Wright, Walsh, Anderson, Brown, Schulze Aldridge, Austin, TX, for Defendant-Appellant.

Denise Nance Pierce, Bickerstaff, Heath, Smiley, Pollan, Kever McDaniel, Jennifer Piskun Johnson, Graves, Dougherty, Hearon Moody, Austin, TX, for Texas Ass'n of School Boards Legal Assistance Fund, Amicus Curiae.

Appeal from the United States District Court for the Eastern District of Texas; T. John Ward, Judge.

ON PETITION FOR REHEARING EN BANC

(Opinion April 17, 2002, 5 Cir., 2002, 289 F.3d 326)

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.¹

1 Judge Robert M. Parker did not participate in this poll.

BY THE COURT:

A member of the Court in active service having requested a poll on the petition 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 this 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.