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DE LA PAZ v. COY

Nos. 13-50768, 14-10018.

804 F.3d 1200 (2015)

Alejandro Garcia DE LA PAZ, Plaintiff-Appellee v. Jason COY, United States Customs and Border Protection Officer; Mario Vega, United States Customs and Border Protection Officer, Defendants-Appellants. Daniel Frias, Plaintiff-Appellee v. Arturo Torrez, United States Customs and Border Protection Officer, formerly known as John Doe, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 14, 2015.

Attorney(s) appearing for the Case

David Anton Armendariz, Esq. (argued), De Mott McChesney Curtright & Armendariz, L.L.P., San Antonio, TX, for Plaintiff-Appellee.

Edward Himmelfarb (argued), U.S. Department of Justice, Washington, DC, Joseph Cuauhtemoc Rodriguez , U.S. Attorney's Office, San Antonio, TX, for Defendants-Appellants.

Mary A. Kenney , Washington, DC, Trina Ann Realmuto, Boston, MA, for Amici Curiae.

Before JOLLY and JONES, Circuit Judges, and GODBEY, District Judge.

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 its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R.APP. P. 35 and 5TH CIR. R. 35), the...

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