Pace v. Bogalusa City School Bd.

Full title: Travis PACE Plaintiff-Appellant, v. The BOGALUSA CITY SCHOOL BOARD…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jul 17, 2003

339 F.3d 348 (5th Cir. 2003)

Opinion

No. 01-31026.

Filed July 17, 2003.

Anne Arata Spell (argued), Spell Spell, Franklinton, LA, for Pace.

John W. Waters, Jr. (argued), Ernest L. O'Bannon, Christopher Marx G'Sell, Bienvenu, Foster, Ryan O'Bannon, New Orleans, LA, for Bogalusa City School Bd.

Charles K. Reasonover (argued), Lamothe Hamilton, New Orleans, LA, for Louisiana State Bd. of Elementary Secondary Educ., Louisiana Dept. of Educ. and State of Louisiana.

Kevin K. Russell (argued), Jessica Dunsay Silver, Tovah R. Calderson, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for U.S.

Amy Warr, Austin, TX, for State of TX, Amicus Curiae.

Appeal from the United States District Court for the Eastern District of Louisiana; Eldon E. Fallon, Judge.

ON PETITIONS FOR REHEARING EN BANC

(Opinion March 24, 2003, 5th Cir., 2003, 325 F.3d 609)

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

1 Judge Clement is recused and did not participate in this decision.

BY THE COURT:

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