WASHINGTON LEGAL FOUNDATION, William R. Summers, and Michael J. Mazzone, Plaintiffs-Appellants,
v.
TEXAS EQUAL ACCESS TO JUSTICE FOUNDATION, Richard Tate, Chairman, Texas Equal Access to Justice Foundation, Thomas R. Phillips, Chief Justice, and Justices Nathan R. Hecht, Craig T. Enoch, Priscilla R. Owens, James A. Baker, Deborah G. Hankinson, Harriet O'Neill, and Xavier Rodriguez in their official capacities as Justices of the Supreme Court of Texas, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 31, 2002.
May 31, 2002.
Attorney(s) appearing for the Case
Richard Abbott Samp, Daniel J. Popeo, Washington Legal Foundation, Washington, DC, Charles Fried, Harvard University School of Law, Cambridge, MA, for Washington Legal Foundation and Summers.
Michael James Mazzone, Haynes & Boone, Houston, TX, pro se.
Darrell E. Jordan, David John Schenck, Beth W. Bivans, Hughes & Luce, Dallas, TX, Francine Rosenzaeig, Richard A. Johnston, Hale & Dorr, Boston, MA, Robert Allen Long, Jr., Covington & Burling, Washington, DC, for Texas Equal Access To Justice Foundation and Tate.
Rande Kay Herrell, Asst. Atty. Gen., Gregory Scott Coleman, Austin, TX, for Phillips, Hecht, Enoch, Baker, Owens, Hankinson, O'Neill, Gonzales, Supreme Court Defendants and Rodriguez.
Stephen Plafker, The Ass'n for Objective Law, Culver City, CA, for Ass'n for Objective Law, Amicus Curiae.
Larry Parks, Long, Burner, Parks, McClellan, DeLargy, Austin, TX, for Independent Bankers Ass'n of Texas, Amicus Curiae.
Harry M. Reasoner, Scott J. Atlas, D. Gibson Walton, Penelope E. Nicholson, Vinson & Elkins, Houston, TX, for State Bar of Texas, Amicus Curiae.
Caroline Montrose Brown, David B. Isbell, Thomas W. Beimers, Covington & Burling, Washington, DC, for Nat. Ass'n of IOLTA Programs, Amicus Curiae.
Richard Adams Cordray, Grove City, OH, for Columbus Bar Ass'n, Akron Bar Ass'n, Cincinnati Bar Ass'n, Cleveland Bar Ass'n, Dayton Bar Ass'n, Toledo Bar Ass'n, Cuyahoga Cty. Bar Ass'n, Stark Cty. Bar Ass'n, The Legal Aid Societies of Columbus, Cincinnati, Cleveland, Dayton, Toledo, Northeast Ohio and Stark Cty., Ohio, Equal Justice Foundation, Children's Defense Fund-Ohio, Coalition on Homelessness and Housing in Ohio, Ohio Hunger Task, Ohio Council of Churches, Catholic Conference of Ohio, Ohio Domestic Violence Network, Pro Seniors, Advocates for Basic Legal Equality Western Reserve Legal Services, Legal Services of Northwest Ohio, Western Ohio Legal Services Ass'n and Ohio State Legal Services Ass'n, Amici Curiae.
Collyn Ann Peddie, Beirne, Maynard & Parsons, Houston, TX, for Conference of Chief Justices, Amicus Curiae.
Nory Miller, Marc Goldman, Matthew Hersh, Jenner & Block, Washington, DC, for American Bar Ass'n, Amicus Curiae.
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PER CURIAM:
Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. 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 Petition for Rehearing En Banc is DENIED.
PATRICK E. HIGGINBOTHAM Circuit Judge, did not participate.
KING,...
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