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DOE v. SANTA FE INDEPENDENT SCHOOL DIST.

No. 97-40150.

171 F.3d 1013 (1999)

Jane DOE, Individually and as next of friend for her minor children, Jane and John Doe, Minor Children; Jane Doe # 2, Individually and as next of friend for her minor child, John Doe, Minor Child, and John Doe, Individually, Plaintiffs-Appellees-Cross Appellants, v. SANTA FE INDEPENDENT SCHOOL DISTRICT, et al., Defendants, SANTA FE INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1999.

Attorney(s) appearing for the Case

Anthony P. Griffin, Debora L. Perkey, Galveston, TX, for Plaintiffs-Appellees-Cross-Appellants.

Lisa A. Brown, Kelly C. Frels, Reagan D. Pratt, Bracewell & Patterson, Houston, TX, for Defendant-Appellant-Cross-Appellee.

Mathew D. Staver, Jeffery T. Kipi, Orlando, FL, for Amicus Curiae Liberty Counsel.

Jennifer R. Schans, John W. Whitehead, Steven H. Aden, The Rutherford Institute, Charlottesville, VA, for Amicus Curiae The Rutherford Institute.

Julie Caruthers Parsley, Gregory Scott Coleman, Meredith Bishop Parenti, Austin, TX, for Amicus Curiae, State of Texas, John Cornyn and George W. Bush.

Kelly J. Coghlan, Coghlan & Associates, Houston, TX, for Amicus Curiae Students of Santa Fe Independent School Dist. and Students of Katy Independent School Dist.

Kelly J. Shackelford, Plano, TX, Brent Clark Perry, Zummo, Mitchell & Perry, Houston, TX, for Amicus Curiae Children of Texas for Free Expression.

David M. Feldman, Myra C. Schexnayder, Feldman & Rogers, Houston, TX, for Amicus Curiae Texas Ass'n of School Boards Legal Assistance Fund.

Before JOLLY, WIENER and STEWART, Circuit Judges.

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 judges who are in regular active service not having voted in favor, (FED. R. APP. P. and 5TH CIR. R. 35) the Suggestion for Rehearing En Banc is also DENIED.

E. GRADY JOLLY, Circuit Judge, with whom PATRICK E. HIGGINBOTHAM, EDITH H. JONES, JERRY E. SMITH, RHESA HAWKINS BARKSDALE, EMILIO M. GARZA and HAROLD...

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