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PINKERTON v. SPELLINGS

No. 06-10657.

529 F.3d 513 (2008)

Robert PINKERTON, Plaintiff-Appellant, v. Margaret SPELLINGS, Secretary, U.S. Department of Education, and the U.S. Department of Education, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 27, 2008.

Attorney(s) appearing for the Case

John Henry Crouch, IV (argued), Theodore Carl Anderson, Kilgore & Kilgore, Dallas, TX, for Pinkerton.

Samantha Lee Chaifetz, Office of Sol. Gen., Marleigh D. Dover, Civ. Div., U.S. Dept. of Justice, Washington, DC, Ann Cruce Roberts (argued), Lubbock, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

PER CURIAM:

In response to the Secretary of Education's Petition for Rehearing, we withdraw the prior panel opinion, 518 F.3d 278, in its entirety and substitute the following:

Robert Pinkerton, after his termination as an employee of the United States Department of Education ("DOE"), brought this suit alleging disability discrimination under Sections 501 and 504 of the Rehabilitation Act, 29 U.S.C. §§ 791 and 794...

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