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HAMILTON v. RODGERS

No. 84-2720.

791 F.2d 439 (1986)

Carrie M. HAMILTON, as Administratrix of the Estate of James W. Hamilton, Deceased, Plaintiff-Appellee, v. V.E. RODGERS, etc., et al., Defendants, Fire Department of the City of Houston, C.L. Wilford, etc., and C.P. Nelson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 13, 1986.

Attorney(s) appearing for the Case

John E. Fisher, James C. Faulkner, Houston, Tex., for City of Houston.

Charles R. Huber, Jr., Houston, Tex., for Wilford and Nelson.

Patrick J. Gilpin, Houston, Tex., for plaintiff-appellee.

Susan Buckingham Reilly, Asst. Gen. Counsel, EEOC, Washington, D.C., for amicus-EEOC.

Before GEE and JOHNSON, Circuit Judges, and PARKER, District Judge.

ON PETITION FOR REHEARING AND SUGGESTIONS FOR REHEARING EN BANC

(Opinion March 7, 1986, 5th Cir.1986, 783 F.2d 1306)

GEE, Circuit Judge:

In response to Appellee's motion for rehearing, we withdraw our earlier opinion and substitute the following.

This appeal comprises claims under 42 U.S.C. §§ 1981, 1983, and 2000e et seq. (Title VII) against the Houston Fire Department and various individual...

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