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MEYERS EX REL. BENZING v. TEXAS

No. 02-50452.

454 F.3d 503 (2006)

Marjorie MEYERS, by Next Friend Edgar C. BENZING, on behalf of herself and all others similarly situated; Helen Elkin, on behalf of herself and all others similarly situated; Ruth H. Davis, on behalf of herself and all others similarly situated; Phillip Greenberg, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. State of TEXAS; Texas Department of Transportation; William G. Burnett, Executive Director of the Texas Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 29, 2006.

Attorney(s) appearing for the Case

J. Hampton Skelton, Skelton, Woody & Arnold, Austin, TX, Charles R. Shaddox, Shaddox, Compere, Walraven & Good, San Antonio, TX, Stephen R. Senn (argued), Peterson & Myers, Lakeland, FL, for Plaintiffs-Appellants.

Sarah Elaine Harrington, Jessica Dunsay Silver, U.S. Dept. of Justice, Civil Rights Div.-Appellate Section, Washington, DC, for Intervenor United States.

Lisa Royce Eskow (argued), Weil, Gotshal & Manges, Austin, TX, Rance Lamar Craft, Amy Warr, Austin, TX, for Defendants-Appellees.

James C. Harrington, Texas Civil Rights Project, Austin, TX, for Amici Curiae.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

ON PETITION FOR REHEARING

DENNIS, Circuit Judge:

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.

The narrow holding in the instant case is that, under...

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