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GERHART v. HAYES

No. 99-20005.

217 F.3d 320 (2000)

Susan L. GERHART, PhD., Plaintiff-Appellee, v. Edward J. HAYES, et al., Defendants, Edward J. Hayes; Glenn Goerke; James T. Hale; William A. Staples, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 29, 2000.

Attorney(s) appearing for the Case

David T. Lopez (argued), David Lopez & Associates, Houston, TX, for Plaintiff-Appellee.

James C. Todd, Asst. Atty. Gen., Toni B. Hunter (argued), Mark Glendon Parenti, Austin, TX, for Defendants-Appellants.

Before HIGGINBOTHAM and SMITH, Circuit Judges, and FALLON, District Judge.

ON PETITION FOR REHEARING EN BANC

JERRY E. SMITH, Circuit Judge:

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. In response to the petition, however, the court determines that it need not have decided whether the plaintiff's statements regarding the allocation of funding were of public concern or whether they were constitutionally protected speech. Instead, it was dispositive...

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