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SIMI INV. CO., INC. v. HARRIS COUNTY, TEX.

No. 99-20686.

256 F.3d 323 (2001)

SIMI INVESTMENT COMPANY, INC., Plaintiff-Appellee, v. HARRIS COUNTY, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 28, 2001.

Attorney(s) appearing for the Case

H. Dixon Montague, Alan B. Daughtry, Kathleen A. Gallagher, Vinson & Elkins, Houston, TX, for Plaintiff-Appellee.

Bruce S. Powers, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and REYNALDO G. GARZA and PARKER, Circuit Judges.

PER CURIAM:

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (FED.R.APP.P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED.

We take this opportunity to address the concern expressed by Harris County as to the scope of the substantive...

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