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COLE v. CARSON

No. 14-10228 cons. w/No. 15-10045.

915 F.3d 378 (2019)

Randy COLE; Karen Cole; Ryan Cole, Plaintiffs-Appellees v. Carl CARSON, Defendant-Appellant Randy Cole; Karen Cole; Ryan Cole, Plaintiffs-Appellees v. Michael Hunter; Martin Cassidy, Defendants-Appellants

United States Court of Appeals, Fifth Circuit.

FILED February 8, 2019.

Attorney(s) appearing for the Case

Rowe Jack Ayres, Jr. , Christopher Scott Ayres, Esq. , Ayres Law Office, P.C., Dallas, TX, James Mark Mann , Mann Firm, Henderson, TX, for Plaintiffs-Appellees.

James Thomas Jeffrey, Jr., Esq. , Law Offices of Jim Jeffrey, Arlington, TX, Norman Ray Giles , William S. Helfand , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Houston, TX, for Defendant-Appellant.

Gregory Todd Butler, Esq. , Phelps Dunbar, L.L.P., Jackson, MS, for Amici Curiae INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, TEXAS MUNICIPAL LEAGUE, TEXAS CITY ATTORNEYS ASSOCIATION, TEXAS ASSOCIATION OF COUNTIES, COMBINED LAW ENFORCEMENT ASSOCIATIONS OF TEXAS, CITY OF ARLINGTON, TEXAS, CITY OF GARLAND, TEXAS, CITY OF GRAND PRAIRIE, TEXAS, MISSISSIPPI MUNICIPAL SERVICE COMPANY, NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS.

Before STEWART, Chief Judge, JONES, SMITH, DENNIS, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges.

BY THE COURT:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental...

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