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HUCKABAY v. MOORE

No. 97-40619.

142 F.3d 233 (1998)

William Reed HUCKABAY, Plaintiff-Appellant, v. Edward MOORE, Individually and in His Official Capacity as County Commissioner, and Jefferson County, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 22, 1998.

Attorney(s) appearing for the Case

Laurence W. Watts, Watts & Associates, Houston, TX, for Huckabay.

Richard F. Baker, Steven L. Wiggins, Beaumont, TX, for Jefferson County, Texas.

Sonya Billingsley Coffman, Walter E. Umphrey, Provost & Umphrey, Beaumont, TX, for Moore.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.

ON PETITION FOR REHEARING

JERRY E. SMITH, Circuit Judge:

The petition for rehearing is DENIED. This court's opinion, 137 F.3d 871 (5th Cir. 1998), is hereby withdrawn, and the following opinion is substituted:

I.

William Huckabay, who is white, has worked as an employee of Jefferson County Precinct Four since 1976. Edward Moore, who is black, was elected Commissioner of Precinct Four in 1987. Huckabay...

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