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COLSTON v. BARNHART

No. 96-40634.

146 F.3d 282 (1998)

Lorenzo COLSTON, Plaintiff-Appellee, and Yolanda Michelle Colston, Individually and as Next Friend of Lauren Colston and Quinton Colston, Minor Children, Intervenor Plaintiff-Appellee, v. Bryan BARNHART, Texas Department of Public Safety Officer; et al., Defendants, Bryan Barnhart, Texas Department of Public Safety Officer; Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 14, 1998.

Attorney(s) appearing for the Case

Curtis B. Stuckey, Stuckey & Garrigan, Nacogdoches, TX, for Lorenzo Colston.

Thomas Stefan Allen, Nacogdoches, TX, for Yolanda Michelle Colston.

Demetri Anastasiadis, Ann Kraatz, Susan Elizabeth Werner, Asst. Atty. Gen., Austin, TX, for Bryan Barnhart.

Before KING, DAVIS and DeMOSS, Circuit Judges.

ON APPLICATION FOR REHEARING EN BANC

(Opinion November 19, 1997, 5th Cir.1997, 130 F.3d 96)

DAVIS, Circuit Judge:

The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor (Fed. R.App. P. and 5th Cir. R. 35), the Application for Rehearing En Banc is DENIED. Colston's Petition for Rehearing is also DENIED...

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