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HOUSTON INDEPENDENT SCHOOL v. V.P. EX REL. JUAN P.

No. 07-20817.

582 F.3d 576 (2009)

HOUSTON INDEPENDENT SCHOOL DISTRICT, Plaintiff-Appellee-Cross-Appellant, v. V.P. by next friend, JUAN and Sylvia P., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 9, 2009.

Attorney(s) appearing for the Case

Jeffrey L. Rogers (argued), Amy Cumings Tucker, Feldman, Rogers, Morris & Grover, L.L.P., Houston, TX, for Plaintiff.

Daniel L. McCall (argued), Bristow, VA, for Defendant.

Before BENAVIDES, SOUTHWICK and HAYNES, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

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. We also deny Panel Rehearing but withdraw our prior opinion, issued on April 23, 2009, and substitute the following.

The Houston Independent School District (HISD) initiated the present action in the district...

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