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United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2003
REVISED AUGUST 25, 2003
IN THE UNITED STATES COURT OF APPEALS
Charles R. Fulbruge III
Clerk
FOR THE FIFTH CIRCUIT

No. 02-30318

THEODORE JOHNSON
Plaintiff-Appellee
versus
LOUISIANA DEPARTMENT OF EDUCATION; ET AL
Defendants
LOUISIANA DEPARTMENT OF EDUCATION; STATE OF LOUISIANA; PRESIDENT
OF LOUISIANA STATE UNIVERSITY SYSTEM; BOARD OF REGENTS
Defendants-Appellants

No. 02-30369

LYNN AUGUST
Plaintiff-Appellee
versus
SUZANNE MITCHELL; MAE NELSON; ED BARRAS; DEPARTMENT OF SOCIAL
SERVICES, for the State of Louisiana
Defendants-Appellants
- - - - -
Appeals from the United States District Court for the
Eastern District of Louisiana
- - - - -
ON PETITION FOR REHEARING EN BANC
(Opinion May 5, 2003, 5 Cir., 2003, _____F.3d____)
(August 20, 2003)

BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit
Judges.
BY THE COURT:
A member of the Court in active service has requested a
poll on the petition for rehearing en banc filed by appellee
Theodore Johnson and a majority of the judges in active service
have voted in favor of granting a rehearing en banc. Further, a
majority of judges in active service have determined, on the
Court's own motion, to rehear en banc the consolidated case, Lynn
August vs. Suzanne Mitchell, Et Al.
Accordingly, IT IS ORDERED that these cases shall be
reheard by the court en banc. No decision has yet been made with
respect to oral argument. The Clerk will specify a briefing
schedule for the filing of supplemental briefs.