Opinion
No. 2009-1565.
May 4, 2010.
Rehearing En Banc Denied July 20, 2010.
On Appeal from the United States District Court for the Western District of Texas, No. 98-CV-lOll, Judge Xavier Rodriguez.
David F. Barton, The Gardner Law Firm, of San Antonio, Texas, argued for plaintiff-appellant.
Conor B. Dugan, Attorney, Appellate Section, Civil Rights Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Thomas E. Perez, Assistant Attorney General, Mark L. Gross and Lisa Wilson Edwards, Attorneys.
Before MICHEL, Chief Judge, LOURIE and BRYSON, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.