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MATTHIAS v. BINGLEY

No. 88-6125.

915 F.2d 946 (1990)

Jerry W. MATTHIAS and Kathryn A. Schurber, Plaintiffs-Appellees, v. Dallas H. BINGLEY, et al., Defendants, City of Houston, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 12, 1990.

Attorney(s) appearing for the Case

Robert L. Cambrice, Murray E. Malakoff, Asst. City Attys. and Clarence A. West, City Atty., Houston, Tex., for defendant-appellant.

Robert A. Schults, Sheinfeld, Maley & Kay, and Clinard J. Hanby, Essmyer & Hanby, Houston, Tex., for plaintiffs-appellees.

Before GOLDBERG, POLITZ, and JONES, Circuit Judges.

PER CURIAM:

Appellant has filed a petition for rehearing with regard to our disposition of this case, Matthias v. Bingley, 906 F.2d 1047 (5th Cir.1990). We hereby modify our prior panel opinion.

At 1052, we stated that "[t]he system does not require some other type of notice, e.g., newspaper publication, when officers cannot notify directly all persons with interests in the property." We hereby change that sentence...

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