GARRETT v. UNIVERSITY OF ALABAMA AT BIRMINGHAM BD.

Nos. 98-6069, 98-6070.

276 F.3d 1227 (2001)

Patricia GARRETT, Plaintiff-Appellant, v. The UNIVERSITY OF ALABAMA AT BIRMINGHAM BOARD OF TRUSTEES, Defendant-Appellee, The United States of America, Intervenor. Milton Ash, Plaintiff-Appellant, v. Alabama Department of Youth Services, Defendant-Appellee, The United States of America, Intervenor.

United States Court of Appeals, Eleventh Circuit.

December 20, 2001.


Attorney(s) appearing for the Case

Deborah A. Mattison, Richard J. Ebbinghouse, Sandra B. Reiss, Kirsten Hunt Kowalski, Gordon, Silberman, Wiggins & Childs, Birmingham, AL, Mark B. Stern, Dept. of Justice, App. Staff, Civ. Div., Washington, DC, for Garrett and Ash.

Margaret L. Fleming, Alice Ann Byrne, Montgomery, AL, Lisa Huggins, Gary C. Smith, UAB Office of Counsel, Birmingham, AL, William J. Sarnford, II, Gen. Counsel/AL Dept. of Youth Services, Mt. Meigs, Al, for Defendant-Appellee.

Alisa Klein, U.S. Dept. of Justice, Civ. App., Washington, DC, for U.S.

Before ANDERSON, Chief Judge, RONEY, Circuit Judge, and COOK, District Judge.


PER CURIAM:

The Petition for Rehearing in this case is granted. In Garrett v. Univ. of Ala. at Birmingham Bd. of Trs., 193 F.3d 1214 (11th Cir.1999), this Court reversed the decision of the district court in Garrett v. Bd. of Trs. of the Univ. of Ala. at Birmingham, 989 F.Supp. 1409 (N.D.Ala. 1998), relying on this Circuit's prior decision in Kimel v. Fla. Bd. of Regents,...

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