SWINDLE v. LIVINGSTON PARISH SCHOOL BD.

No. 08-31249.

662 F.3d 328 (2011)

Bobby W. SWINDLE, Jr., as Administrators of the Estate of Morgan Taylor Swindle; Tracy A. Swindle, as Administrators of the Estate of Morgan Taylor Swindle, Plaintiffs-Appellants, v. LIVINGSTON PARISH SCHOOL BOARD; Randy Pope, Superintendent of Livingston Parish School Board; Paul Pastorek; Louisiana Department of Education; State Board of Elementary and Secondary Education, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 2, 2011.


Attorney(s) appearing for the Case

Donna Unkel Grodner (argued), Grodner & Associates, A.P.L.C., Charlotte Charity McDaniel McGehee, Baton Rouge, LA, for Plaintiffs-Appellants.

Carey Thompson Jones (argued), Denham Springs, LA, Robert L. Hammonds , Karen D. Murphy (argued), Hammonds & Sills, Celia Rhea Cangelosi , Baton Rouge, LA, for Defendants-Appellees.

Before BENAVIDES, DENNIS and ELROD, Circuit Judges.


PER CURIAM:

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 Rehearing En Banc is DENIED.

Voting for en banc rehearing were: Chief Judge Edith H. Jones, Judge E. Grady Jolly, Judge Jerry E. Smith, Judge Edith B. Clement, and Judge Priscilla R. Owen. Voting against en banc rehearing...

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