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GRANDSTAFF v. CITY OF BORGER, TEX.

Nos. 84-1241, 84-1337.

779 F.2d 1129 (1986)

Sharon GRANDSTAFF, Individually and as Representative of the Estate of James C. Grandstaff; and Kay LaJune Grandstaff as Next Friend of Jo Cheryl Grandstaff, a minor, et al., Plaintiffs-Appellees, Cross-Appellants, v. The CITY OF BORGER, TEXAS, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

January 8, 1986.

Attorney(s) appearing for the Case

Gibson, Ochsner & Adkins, Wayne P. Sturdivant, Amarillo, Tex., Gassaway, Gurley, Sheets & Mitchell, Jody Sheets, Borger, Tex., for City of Borger, Tex.

Haynes & Fullenweider, Clinard J. Hanby, Robert B. Wallis, Houston, Tex., for Grandstaff, et al.

Before GOLDBERG, REAVLEY and GARWOOD, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion August 5, 1985, 5th Cir.1985, 767 F.2d 161)

PER CURIAM:

The Petition for Rehearing is DENIED and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit...

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