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FREW v. JANEK

No. 15-40229.

845 F.3d 579 (2016)

Carla FREW; Charlotte Garvin, as next friend of her minor children Johnny Martinez, Brooklyn Garvin and BreAnna Garvin; Class Members; Nicole Carroll, Class Representative; Maria Ayala, as next friend of her minor children, Christopher Arizola, Leonard Jimenez, and Joseph Veliz; Mary Jane Garza, as next friend of her minor children, Hilary Garza and Sarah Renea Garza, Plaintiffs-Appellants, v. M.D. Kyle JANEK; M.D. David L. Lakey, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed November 3, 2016.

Attorney(s) appearing for the Case

Timothy Borne Garrigan , Stuckey, Garrigan & Castetter Law Offices, Nacogdoches, TX, for Plaintiffs-Appellants.

J. Campbell Barker , Deputy Solicitor General, Philip Lionberger , Office of the Solicitor General for the State of Texas, Sean Patrick Flammer, Esq. , Philip Lionberger , Office of the Attorney General for the State of Texas, for Defendants-Appellees.

Before HIGGINBOTHAM, SOUTHWICK, and HIGGINSON, Circuit Judges.

The Parties' Petitions for Panel Rehearing are DENIED and no member of this panel nor judge in regular active service on the court having requested that the court be polled on Rehearing En Banc, (FED R. APP. P. and 5TH CIR. R. 35), Appellees' Petition for Rehearing En Banc is also DENIED.

On remand, the district court may consider the...

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