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DEFOE EX REL. DEFOE v. SPIVA

No. 09-6080.

674 F.3d 505 (2011)

Tom DEFOE, a minor by and through his parent and guardian Phil DEFOE; Phil Defoe, Plaintiffs-Appellants, v. Sid SPIVA, in his individual and official capacity as Principal of Anderson County Career and Technical School; Merl Krull, in his individual and official capacity as Assistant Principal of Anderson County Vocational and Technical School; Greg Deal, in his individual and official capacity as Principal of Anderson County High School; V.L. Stonecipher, in his official capacity as Director of Schools for Anderson County; John Burrell, in his official capacity as Chairman of the Anderson County School Board; Anderson County School Board, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

March 14, 2011.

Attorney(s) appearing for the Case

Van Irion , Law Offices of Van R. Irion, Knoxville, TN, for Plaintiffs-Appellants.

Arthur F. Knight, III , Jonathan Swann Taylor , Taylor, Fleishman & Knight, Knoxville, TN, for Defendants-Appellees.

Before: CLAY, ROGERS, and COOK, Circuit Judges.

ORDER

The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and less than a majority of the judges having favored the suggestion, the petition for rehearing has been referred to the original panel.

The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered...

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