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515 F.2d 762

Docket No. 74-1038.

Cook v. Hudson

Fifth Circuit Court of Appeals

Decided July 3, 1975.

Fifth Circuit Court of Appeals · decided 1975-07-03

Cited by 4 later decisions — most recently April 1986

3 federal appellate ·

Relies on Cook v. Hudson

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1975-07-03

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¶1ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

¶2(Opinion April 21, 1975, 5 Cir., 1975, 511 F.2d 744)

¶3Before COLEMAN, CLARK and RO-NEY, Circuit Judges.

¶4PER CURIAM:

¶5The Petition for Rehearing is denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing F~ Banc is also denied.

¶6Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORN-BERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.

¶7CLARK, Circuit Judge,

¶8with whom Circuit Judges THORNBERRY, AINS-WORTH, SIMPSON and GEE, join (dissenting).

¶9When it appeared my writing would express the views of the panel, particular care was taken to explicate and document what was said because it seemed absolutely necessary to cogently reinstate the core rights trampled by the school district’s arbitrary edict of forced conformity in a citizen’s private life. That endeavor failed to muster a concurrence. Now, the full Court, albeit by the narrowest margin possible, has declined to rehear the cause en banc.

¶10Respectfully, I insist that the panel decision is (1) contrary to Supreme Court precedent, and (2) an error of exceptional importance. My best effort having been expended in the panel dissent, a further attempt at explanation appears futile. For the reasons previously stated, I dissent from the court’s denial of rehearing en banc.

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