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LELSZ v. KAVANAGH

Nos. 85-2485, 86-1166.

815 F.2d 1034 (1987)

John LELSZ, et al., Individually and on Behalf of all others similarly situated, Plaintiffs-Appellees, v. John J. KAVANAGH, M.D., et al., Defendants-Appellants, and Parent Association for the Retarded of Texas, Intervenor-Appellant. John LELSZ, By and Through his parents and guardians, Mr. and Mrs. John LELSZ, et al., Plaintiffs-Appellees, v. John J. KAVANAGH, M.D., Individually and as Supt. of Denton State School, and his successors in office, Defendant-Appellant, and Parents Association for the Retarded of Texas, Intervenor-Appellant, v. ASSOCIATION FOR RETARDED CITIZENS OF TEXAS and Advocacy, Inc., Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

May 4, 1987.

Attorney(s) appearing for the Case

Philip Durst, Austin, Tex., for Kavanagh.

Paul M. Smith, Joel I. Klein, Washington, D.C., for Parent Ass'n in No. 85-2485.

David Ferleger, Barbara Hoffman, Philadelphia, Pa., for John Lelsz, Jr., et al.

Janice L. Green, Austin, Tex., David Shaw, Hartford, Conn., Rona Statman, Austin, Tex., for Association for Retarded Citizens.

Diane Shisk, Austin, Tex., for Advocacy, Inc.

Paul Smith, Joel I. Klein, Washington, D.C., Toni Hunter, Asst. Atty. Gen., Austin, Tex., for Parents Ass'n in No. 86-1166.

Before WISDOM, DAVIS and JONES, Circuit Judges.

ON PETITIONS FOR REHEARING AND SUGGESTIONS FOR REHEARING EN BANC

(Opinion January 21, 1987, 5 Cir., 1987, 807 F.2d 1243)

PER CURIAM:

The application for rehearing is denied.

In vacating the order of June 5, 1985 and in nullifying portions of the 1983 consent order, we do not preclude the district court from enforcing the remaining portions of the consent decree if and when violations of those provisions...

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