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BATTERTON v. TEXAS GENERAL LAND OFFICE

No. 84-1961.

789 F.2d 316 (1986)

John BATTERTON, W. Stephen Minick, Linda D. Rapavi and G. Stephen Stubbs, Plaintiffs-Appellants, v. TEXAS GENERAL LAND OFFICE and Garry Mauro, Individually and in his official capacity as Commissioner of the General Land Office, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 12, 1986.

Attorney(s) appearing for the Case

Connie Odé, Bunton, Nolan, Odé & Cooper, Margaret A. Cooper, Austin, Tex., for plaintiffs-appellants.

F. Scott McCown, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Before GEE, RUBIN and DAVIS, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion March 3, 1986, 5th Cir.1986, 783 F.2d 1220)

GEE, Circuit Judge:

As we noted in our opinion, the affidavits of three former chief clerks of the General Land Office agree that from 1940 to 1983 the consistent position of the Land Commissioners under whom they served was that Section 31.020 of the Texas Natural Resources Code and its predecessors empowered the Commissioner to discharge...

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