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ROMAIN v. WALTERS

No. 16-30929.

868 F.3d 311 (2017)

Lisa ROMAIN; Stacey Gibson; Joanika Davis; Schevelli Robertson; Jericho Macklin; Dameion Williams; Brian Trinchard, Plaintiffs-Appellants v. Marketa Garner WALTERS, in her official capacity as Secretary, Department of Children & Family Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Date Filed: July 26, 2017.

Attorney(s) appearing for the Case

Charles Robert Eskridge, III, Esq. , Jonathan Sink, Houston, TX, for Plaintiffs-Appellants.

Celia Marie Williams-Alexander, Esq. , Deputy General Counsel, Department of Children & Family Services for State of Louisiana, Baton Rouge, LA, for Defendant-Appellee.

Michael T. Kirkpatrick , Public Citizen Litigation Group, Washington, DC, Amicus Curiae for PUBLIC CITIZEN, INCORPORATED, IMPACT FUND, LEGAL AID SOCIETY EMPLOYMENT LAW CENTER, DISABILITY RIGHTS CALIFORNIA.

Thomas Gregory Jackson , Ann Marie Arcadi , Justin Roel Chapa , Morgan, Lewis & Bockius, L.L.P., Dallas, TX, Amicus Curiae for TEXAS CIVIL RIGHTS PROJECT.

Before WIENER, DENNIS, and HAYNES, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

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), en banc reconsideration of this case...

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