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DEBRA P. v. TURLINGTON

No. 79-3074.

654 F.2d 1079 (1981)

DEBRA P., a minor by Irene P., her mother and next friend et al., Plaintiffs-Appellees, Cross-Appellants, v. Ralph D. TURLINGTON, Individually and as Commissioner of Education et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 4, 1981.

Attorney(s) appearing for the Case

W. Crosby Few, Tampa, Fla., James D. Little, Gen. Counsel, State Board of Education-Knott Judith A. Brechner, Deputy Gen. Counsel, Tallahassee, Fla., for defendants-appellants, cross-appellees.

Irving Gornstein, U.S. Dept. of Justice, Washington D.C., for amicus curiae U.S.A.

Stephen F. Hanlon, Bay Area Legal Services, Inc., Robert J. Shapiro, Tampa, Fla., Diana Pullin, Center for Law and Education, Roger L. Rice, Richard Jefferson, Cambridge, Mass., Peter M. Siegel, Miami, Fla., for plaintiffs-appellees, cross-appellants.

David Rubin, Stephen J. Pollak, Richard M. Sharp, Washington, D.C., amicus curiae.

Before FAY and VANCE, Circuit Judges and ALLGOOD, District Judge.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(5 Cir., 1981, 644 F.2d 397).

PER CURIAM:

A member of the Court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active service not having voted in favor of it, rehearing en banc is DENIED.

In dissenting statements from the court's refusal to consider this case en banc,...

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