Atwater v. City of Lago Vista
| Decision Date | 26 March 1999 |
| Docket Number | No. 98-50302,98-50302 |
| Citation | 171 F.3d 258 |
| Parties | Gail ATWATER, Individually; Michael Haas, Dr., As next friend of Anya Savannah Haas and Mackinley Xavier Haas, Plaintiffs-Appellants, v. CITY OF LAGO VISTA; Bart Turek; Frank Miller, Chief Police Lago Vista, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Pamela Ann McGraw, Debra Irwin, McGraw, Brinkley & Irwin, Robert Charles DeCarli, Austin, TX, for Plaintiffs-Appellants.
William W. Krueger, III, Joanna Rae Lippman, Fletcher & Springer, Austin, TX, for Defendants-Appellees.
Appeal from the United States District Court for the Western District of Texas; Sam Sparks, Judge.
ON PETITIONS FOR REHEARING AND REHEARING EN BANC
(Opinion January 29, 1999, 5 Cir., 1999, 165 F.3d 380)
Before KING, Chief Judge, and POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.
A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc, 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 briefs.
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Atwater v. City of Lago Vista, 98-50302
...this court reversed in part and remanded. See Atwater v. City of Lago Vista, 165 F.3d 380 (5th Cir. 1999), reh'g en banc granted, 171 F.3d 258 (5th Cir. 1999). We vacated the panel opinion, see 5th Cir. R. 41.3, and granted rehearing en I Officer Turek arrested Gail Atwater for failing to w......
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Toler v. Steed
...the Fifth Circuit subsequently ordered that the case be reheard en banc, so the panel's opinion was vacated. Atwater v. City of Lago Vista, 171 F.3d 258 (5th Cir. 1999); Internal Operating Procedures following Local Rule of the Fifth Circuit 35.6 ("Unless otherwise expressly provided, the e......