Dr. Nolan L. Kinsey, Plaintiff-appellant, v. Salado Independent School District, et al., Defendants-appellees, 925 F.2d 118 (5th Cir. 1991)

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US Court of Appeals for the Fifth Circuit - 925 F.2d 118 (5th Cir. 1991) Feb. 19, 1991

Lynn Wade Malone, Charles M. McDonald, McDonald, Harmon & Malone, Waco, Tex., for plaintiff-appellant.

William C. Bednar, Jr., Eskew, Muir & Bednar, Austin, Tex., for defendants-appellees.

Appeal from the United States District Court for the Western District of Texas; Walter S. Smith, Jr., Judge.ON SUGGESTION FOR REHEARING EN BANC

(Opinion November 2, 1990, 5 Cir., 1990, 916 F.2d 273)

Before CLARK, Chief Judge, POLITZ, KING, JOHNSON, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER and BARKSDALE, Circuit Judges.* 


BY THE COURT:

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

 *

Judge Thomas Gibbs Gee was a member of the panel that decided this case but resigned from the Court on February 1, 1991 and, therefore, did not participate in this decision