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MILLER v. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER

No. 02-10190.

342 F.3d 563 (2003)

Lucinda G. MILLER; Elaine King-Miller, Plaintiffs-Appellees, v. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 2003.

Attorney(s) appearing for the Case

Bradley W. Howard, Grant A. Bannen, Brown & Fortunato, Amarillo, TX, for Plaintiffs-Appellees.

Amy Warr, David Earl Jenkins, Asst. Atty. Gen., Austin, TX, for Defendant-Appellant.

Kevin K. Russell, Jessica Dunsay Silver, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for Intervenor.

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

ON PETITION FOR REHEARING EN BANC

(Opinion May 13, 2003, 5th Cir., 2003, 330 F.3d 691)

BY THE COURT:

A member of the Court in active service having requested a poll on the petition 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. No decision has yet been made with respect...

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