FISHER v. UNIVERSITY OF TEXAS AT AUSTIN

No. 09-50822.

771 F.3d 274 (2014)

Abigail Noel FISHER, Plaintiff-Appellant v. UNIVERSITY OF TEXAS AT AUSTIN; David B. Pryor, Executive Vice Chancellor for Academic Affairs in His Official Capacity; William Powers, Jr., President of the University of Texas at Austin in His Official Capacity; Board of Regents of the University of Texas System; R. Steven Hicks, as Member of the Board of Regents in His Official Capacity; William Eugene Powell, as Member of the Board of Regents in His Official Capacity; James R. Huffines, as Member of the Board of Regents in His Official Capacity; Janiece Longoria, as Member of the Board of Regents in Her Official Capacity; Colleen McHugh, as Member of the Board of Regents in Her Official Capacity; Robert L. Stillwell, as Member of the Board of Regents in His Official Capacity; James D. Dannenbaum, as Member of the Board of Regents in His Official Capacity; Paul Foster, as Member of the Board of Regents in His Official Capacity; Printice L. Gary, as Member of the Board of Regents in His Official Capacity; Kedra Ishop, Vice Provost and Director of Undergraduate Admissions in Her Official Capacity; Francisco G. Cigarroa, M.D., Interim Chancellor of the University of Texas System in His Official Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 12, 2014.


Attorney(s) appearing for the Case

Bert Walter Rein , William Consovoy , Claire Evans , Thomas McCarthy , Wiley Rein, L.L.P., Washington, DC, Paul M. Terrill, III, Esq. , Terrill Firm, Austin, TX, for Plaintiff-Appellant.

Gregory George Garre , Maureen E. Mahoney, Esq. , Latham & Watkins, L.L.P., Lori Ann Alvino McGill , Quinn Emanuel Urquhart & Sullivan, L.L.P., Washington, DC, James C. Ho, Esq. , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Defendants-Appellees.

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.


ON PETITION FOR REHEARING EN BANC

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R.App. P. 35 and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. Judge Garza, joined by Judges Jones, Smith, Clement, and Owen, dissents from the court's denial of rehearing en banc...

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