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RELIABLE CONSULTANTS, INC. v. EARLE

No. 06-51067.

538 F.3d 355 (2008)

RELIABLE CONSULTANTS, INC., doing business as Dreamer's and Le Rouge Boutique, Plaintiff-Appellant, PHE, Inc., doing business as Adam and Eve, Inc., Intervenor-Plaintiff-Appellant, v. Ronnie EARLE, in his official capacity only, Travis County District Attorney, Defendant-Appellee, State of Texas, Intervenor-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 1, 2008.

Attorney(s) appearing for the Case

H. Louis Sirkin (argued), Jennifer Marie Kinsley, Sirkin, Pinales & Schwartz, LLP, Cincinnati, OH, for Plaintiff-Appellant.

Elaine Agnes Casas, Jennifer Kraber, Austin, TX, for Defendant-Appellee.

Bill L. Davis (argued), Austin, TX, for State of Texas.

Julie M. Carpenter, Duane Charles Pozza (argued), Jenner & Block, LLP, Washington, DC, for Intervenor-Plaintiff-Appellant.

Before REAVLEY, BARKSDALE and PRADO, Circuit Judges.

PER CURIAM:

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED.

EDITH H. JONES, Chief Judge, together with E. GRADY...

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