HOOVER v. MORALES

No. 97-50734.

164 F.3d 221 (1998)

Robert HOOVER, Doctor; Texas Faculty Association, Plaintiffs-Appellees, v. Dan MORALES, individually and in his official capacity as Attorney General of the State of Texas; Barry Thompson, Doctor in his official capacity as Chancellor of the Texas A&M University System, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 31, 1998.


Attorney(s) appearing for the Case

R. James George, Jr., Renea Hicks, Evan Scott Polikov, George, Donaldson & Ford, Austin, TX, for Plaintiffs-Appellees.

James C. Todd, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.

Before REAVLEY, DeMOSS and PARKER, Circuit Judges.


ROBERT M. PARKER, Circuit Judge:

We sua sponte withdraw our prior opinion, Hoover v. Morales, 146 F.3d 304 (5th Cir. 1998), and substitute the following:

I.

FACTS & PROCEDURAL HISTORY

At issue in this case are two Texas state policies, one legislative and one administrative, which have the effect of prohibiting state employees from acting as consultants or expert witnesses on behalf of parties opposing the State in litigation...

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