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HENDEE v. DEWHURST

No. 03-06-00501-CV.

228 S.W.3d 354 (2007)

Edd HENDEE, Individually and as Executive Director of C.L.O.U.T., Appellant, v. David DEWHURST, Tom Craddick, State of Texas, and the Texas Legislative Budget Board, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 27, 2007.

Attorney(s) appearing for the Case

David Rogers, Austin, Gary M. Polland, Polland & Associates, Houston, for appellant.

Christopher Malish, Foster, Malish, Blair & Cowan, L.L.P., Danica L. Milios, Asst. Solicitor Gen., Timothy Mashburn, General Counsel, Austin, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

We withdraw our opinion and judgment issued April 17, 2007, and substitute the following in its place. The Court has overruled the State Defendants' motions for rehearing and en banc reconsideration.

In response to the Texas Supreme Court's decision in the Neeley v. West Orange-Cove case,1 the 79th Legislature, during its third...

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