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E.T. v. PAXTON

No. 21-51083.

19 F.4th 760 (2021)

E.T., by and through her parents and next friends; J.R., by and through her parents and next friends; S.P., by and through her parents and next friends; M.P., by and through her parents and next friends; E.S., by and through her parents and next friends; H.M., by and through her parents and next friends; A.M., by and through her parents and next friends, Plaintiffs-Appellees, v. Kenneth PAXTON, in his official capacity as Attorney General of Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed December 1, 2021.

Attorney(s) appearing for the Case

Linda T. Coberly , Winston & Strawn, L.L.P., Chicago, IL, Brandon W. Duke , Winston & Strawn, L.L.P., Houston, TX, Brian D. East , Senior Attorney, Disability Rights Texas Central Texas Regional Office, William G. Fox , John Michael Gaddis, Esq. , Thomas M. Melsheimer , Scott Cashion Thomas, Esq. , Winston & Strawn, L.L.P., Dallas, TX, L. Kym Davis Rogers , Disability Rights Texas North Texas Regional Office, Dallas, TX, for Plaintiffs-Appellees.

Judd Edward Stone, II , Office of the Attorney General Office of the Solicitor General, Austin, TX, Ryan Glen Kercher , Office of the Attorney General, Austin, TX, for Defendant-Appellant.

Before ELROD, OLDHAM, and WILSON, Circuit Judges.

Texas Attorney General Kenneth Paxton seeks a stay pending appeal of the permanent injunction that bars him from enforcing Texas Governor Greg Abbott's Executive Order GA-38, which prohibits local governmental entities from imposing mask mandates. Mindful that "[a] stay is an intrusion into the ordinary processes of...

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