Adar, et al v. Smith

Filing 920101026


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REVISED 10/26/10 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 09-30036 United States Court of Appeals Fifth Circuit FILED October 1, 2010 Lyle W. Cayce Clerk OREN ADAR, Individually and as Parent and Next Friend of J C A!S a minor; MICKEY RAY SMITH, Individually and as Parent and Next Friend of J C A!S a minor Plaintiffs ! Appellees vs. DARLENE W SMITH, In Her Capacity as State Registrar and Director, Office of Vital Records and Statistics, State of Louisiana Department of Health and Hospitals Defendant ! Appellant ----Appeals from the United States District Court for the Eastern District of Louisiana ----ON PETITION FOR REHEARING EN BANC (Opinion February 18, 2010, 5 Cir., 2010, _____F.3d____) (Revised Opinion March 5, 2010, 5 Cir., 2010, _____F.3d____) (October 1, 2010) BEFORE: JONES, Chief Judge, JOLLY, DAVIS, SMITH, WIENER, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.1 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. Clerk will issue a supplemental briefing schedule in the near future. The 1 Judge King did not participate.

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