August v. Mitchell

Opinion

United States Court of Appeals Fifth Circuit F I L E D REVISED AUGUST 25, 2003 August 20, 2003 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk

No. 02-30318

THEODORE JOHNSON Plaintiff-Appellee versus

LOUISIANA DEPARTMENT OF EDUCATION; ET AL Defendants

LOUISIANA DEPARTMENT OF EDUCATION; STATE OF LOUISIANA; PRESIDENT OF LOUISIANA STATE UNIVERSITY SYSTEM; BOARD OF REGENTS

Defendants-Appellants

No. 02-30369

LYNN AUGUST Plaintiff-Appellee versus

SUZANNE MITCHELL; MAE NELSON; ED BARRAS; DEPARTMENT OF SOCIAL SERVICES, for the State of Louisiana

Defendants-Appellants - - - - - Appeals from the United States District Court for the Eastern District of Louisiana - - - - -

ON PETITION FOR REHEARING EN BANC (Opinion May 5, 2003, 5 Cir., 2003, _____F.3d____)

(August 20, 2003) BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit Judges.

BY THE COURT:

A member of the Court in active service has requested a

poll on the petition for rehearing en banc filed by appellee

Theodore Johnson and a majority of the judges in active service

have voted in favor of granting a rehearing en banc. Further, a

majority of judges in active service have determined, on the

Court’s own motion, to rehear en banc the consolidated case, Lynn

August vs. Suzanne Mitchell, Et Al.

Accordingly, IT IS ORDERED that these cases shall be

reheard by the court en banc. No decision has yet been made with

respect to oral argument. The Clerk will specify a briefing

schedule for the filing of supplemental briefs.