Gene Ball v. Board of Trustees of Kerrville Independent School District,defendants-Appellees

442 F.2d 408, 1971 U.S. App. LEXIS 10389

Opinion

PER CURIAM:

The opinion originally issued in this case, 434 F.2d 1040, is hereby withdrawn and the following opinion is substituted therefor:

Judgment affirmed. See Local Rule 21. 1

The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also denied.

1 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).