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LUBKE v. CITY OF ARLINGTON

No. 04-11213.

473 F.3d 571 (2006)

Kim W. LUBKE, Plaintiff-Appellee, v. CITY OF ARLINGTON, et al., Defendants, City of Arlington, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2006.

Attorney(s) appearing for the Case

Larry A. Levick, Gabrielle Alicia Hamm, Gerard, Singer & Levick, Addison, TX, Roger L. Hurlbut (argued), Law Offices of Robert Hurlburt, Arlington, TX, for Lubke.

Bryan Patrick Neal, Thompson & Knight, Dallas, TX, Frank Waite, Asst. City Atty. (argued), Arlington, TX, for City of Arlington.

Before JONES, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

ORDER ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing is DENIED; and the mandate for our opinion filed June 30, 2006 is hereby issued.

Therefore, as we stated in that opinion, the case is remanded to the district court to recalculate damages. We note that after entry of final judgment by the district court, after the issuance of our opinion on appeal, and after the submission of a petition for panel rehearing...

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