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Atwater v. City of Lago Vista

Citation: 171 F.3d 258Docket: 98-50302

Court: Court of Appeals for the Fifth Circuit; March 29, 1999; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A request for rehearing en banc has been granted by the Fifth Circuit Court of Appeals in the case involving plaintiffs Gail Atwater and Dr. Michael Haas, as next friend of minors Anya Savannah Haas and Mackinley Xavier Haas, against defendants City of Lago Vista, Bart Turek, and Chief of Police Frank Miller. The decision for rehearing is based on a poll conducted among active circuit judges, with a majority in favor. The case will be reargued en banc on a date to be determined, and the Clerk will outline a schedule for supplemental briefing.

Legal Issues Addressed

Judicial Procedure for Rehearing

Application: The decision to grant the rehearing en banc was made following a poll among active circuit judges, with the majority supporting the rehearing.

Reasoning: The decision for rehearing is based on a poll conducted among active circuit judges, with a majority in favor.

Rehearing En Banc

Application: The Fifth Circuit Court of Appeals has granted a rehearing en banc, indicating that the case will be reconsidered by all active judges of the court rather than a smaller panel.

Reasoning: A request for rehearing en banc has been granted by the Fifth Circuit Court of Appeals in the case involving plaintiffs Gail Atwater and Dr. Michael Haas, as next friend of minors Anya Savannah Haas and Mackinley Xavier Haas, against defendants City of Lago Vista, Bart Turek, and Chief of Police Frank Miller.

Scheduling of En Banc Rehearing

Application: The court is yet to determine the date for the en banc rehearing and has assigned the Clerk to set a schedule for additional briefing.

Reasoning: The case will be reargued en banc on a date to be determined, and the Clerk will outline a schedule for supplemental briefing.