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URBAN v. DOLGENCORP OF TEXAS, INC.

No. 03-11276.

398 F.3d 699 (2005)

Debbie URBAN, Plaintiff-Appellee, v. DOLGENCORP OF TEXAS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 27, 2005.

Attorney(s) appearing for the Case

Rowland B. Foster, Foster & Foster, Anson, TX, Brian Paul Sanford, Emily Michael Stout, Sheils, Winnubst, Sanford & Bethune, Richardson, TX, for Urban.

Joel S. Allen, Baker & McKenzie, William Charles Murley, Littler Mendelson, Dallas, TX, for Dolgencorp of Texas, Inc.

Ann Elizabeth Reesman, McGuiness, Norris & Williams, Washington, DC, for EEAC, Amicus Curiae.

Andrew S. Golub, Dow, Golub, Berg & Beverly, Houston, TX, John Wallace Griffin, Jr., Houston, Marek & Griffin, Victoria, TX, for American Diabetes Ass'n, Amicus Curiae.

Before DeMOSS, STEWART and CLEMENT, Circuit Judges.

ORDER ON REHEARING

(Opinion Dec. 8, 2004, 5th Cir., 393 F.3d 572)

PER CURIAM:

The petition for panel rehearing is DENIED. The court, having considered the request for rehearing, amicus brief, and response, clarifies the panel opinion as follows.

The district court granted partial summary judgment in favor of Urban, reasoning that Dollar General was required to notify Urban pursuant to the cure...

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