ROBINSON v. VOLLERT

No. 76-2804.

609 F.2d 1177 (1980)

Patricia Ann ROBINSON and Bettie Joe Robinson, Minors, by their Father and Next Friend, James Robinson et al., Plaintiffs, v. Frank VOLLERT, as Superintendent of the Galveston Independent School District, Galveston, Texas, et al., Defendants-Third Party Plaintiffs-Appellees, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare et al., Third Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 18, 1980.


Attorney(s) appearing for the Case

James R. Gough, Asst. U. S. Atty., Houston, Tex., Paulina M. Jacobo, Asst. Reg. Atty., Dept. of H. E. W., Dallas, Tex., Brian K. Landsberg, Dennis J. Dimsey, Attys., App. Section, Civ. Rights Div., Dept. of Justice, Washington, D. C., for F. David Mathews, et al.

Ed Schwab, III, Bryan F. Williams, Jr., Galveston, Tex., for defendants-third party plaintiffs-appellees.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.


ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion 9-10-79, 5 Cir., 1979, 602 F.2d 87).

PER CURIAM:

One issue raised by the petition for rehearing/rehearing en banc justifies discussion. The appellees assert that the panel decision conflicts with U. S. v. Jefferson County Board of Education, 372 F.2d 836 (CA5, 1966), aff'd en banc,

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