Opinion · Court of Appeals for the Fifth Circuit

Breen ex rel. Estate of Breen v. Texas A&M University

494 F.3d 516

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 2007-07-26
Topic: general

PER CURIAM: A majority of the panel having voted sua sponte to grant rehearing, in part, the opinion of the court in disposing of this appeal is as follows: Section III. A, including its subsections 1 through 3, of the panel opinion, found at 485 F.3d 325, 332-38 (5th Cir.2007), along with footnote 14, is hereby withdrawn and deleted from the opinion. Other than these withdrawals and deletions, the original panel opinion is reinstated.

Citator

UpLaw has not yet analyzed Breen ex rel. Estate of Breen v. Texas A&M University. The absence of a flag is not a finding that it is good law.

Cited by: 1 opinion

BREEN v. TEXAS,494 F.3d 516(5th Cir. 2007)

Sean BREEN, as Administrator of the Estate of Christopher Breen;

Christopher Breen; John E. Breen; Marian K. Breen, Plaintiffs-Appellants,

v. TEXAS AM UNIVERSITY et al., Defendants, Texas AM University;

J. Malon Southerland, in his individual capacity; Russell Thompson, in his

individual capacity; Ray Bowen, Defendants-Appellees. James Kimmel, as

representative of the Estate of Lucas Kimmel (deceased); James Kimmel;

Walieta Kimmel, Plaintiffs-Appellants, v. Texas AM University; et al.,

Defendants, Texas AM University; J. Malon Southerland, in his

individual capacity; Russell J. Thompson, in his individual capacity; Ray

Bowen, in his individual capacity; William L. Kibler, in his individual

capacity, John J. Koldus, III, in his individual capacity,

Defendants-Appellees. Bill Davis, Plaintiff-Appellant, Texas AM

University; et al., Defendants, v. Texas AM University; J. Malon

Southerland, in his individual capacity; Russell Thompson, in his

individual capacity; Ray Bowen, in his individual capacity; William L.

Kibler, in his individual capacity, John J. Koldus, III, in his individual

capacity, Defendants-Appellees. Howard Scanlan; Denise Scanlan; Lauren N.T.

Scanlan, Plaintiffs-Appellants, v. Texas AM University;

et al., Defendants, et al., Defendants,

Page 517

Texas AM University; J. Malon Southerland, in his individual

capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his

individual capacity; William L. Kibler, in his individual capacity, John

J. Koldus, III, in his individual capacity, Defendants-Appellees. John

Andrew Comstock; Dixie Ann Zinneker, Plaintiffs-Appellants, v. Texas

AM University; et al., Defendants, Texas AM University; J. Malon

Southerland, in his individual capacity; Russell Thompson, in his

individual capacity; Ray Bowen; William L. Kibler, in his individual

capacity, John J. Koldus, III, in his individual capacity,

Defendants-Appellees. Jaquelynn Kay Self, Individually and as

Administrator of the Estate of Jerry Don Self, Deceased; Kathy McClain

Escamilla, Individually and as Administrator of the Estate of Bryan A.

McClain, Deceased; Phillip McClain, Andrea Heard, Individually and as

Administrator of the Estate of Christopher Lee Heard, Deceased; Leslie G.

Heard; Gregory Anthony Powell, Individually and as Administrator of the

Estate of Chad A. Powell, Deceased; Beverly Jill Powell, Matthew Lynn

Robbins; Dominic M.V. Braus; Nancy Braus, Plaintiffs-Appellants, v. Ray M.

Bowen; J. Malon Southerland; William Kibler; Russell W. Thompson; John J.

Koldus, III; M.T. Hopgood, Jr., Major General; Donald J. Johnson; Zack

Coapland; Kevin Jackson; James R. Reynolds; Robert Harry Stiteler, Jr.;

Michael David Krenz, Defendants-Appellees.

Nos. 04-40712, 04-40713, 04-40714, 04-40715, 04-40780 and

04-40812.

United States Court of Appeals, Fifth Circuit.

July 26, 2007.

Steven K. DeWolf (argued), Staci C. Pirnar, Haakon Thomas Donnelly, Bellinger, McManemin, DeWolf, Dallas, TX, for Sean Breen, Christopher Breen, John E. Breen and Marian K. Breen.

James C. Todd, Asst. Atty. Gen., General Litigation Div., Bill L. Davis, Ranee Lamar Craft, Ryan D. Clinton, Austin, TX, for Texas AM University, M. Malon Southerland, Russell Thompson, Ray Bowen, William Kibler, John J. Koldus, III, M.T. Hopgood, Jr., Donald Johnson, Zack Coapland, Kevin Jackson, James R. Reynolds, Robert Harry Stiteler, Jr. and Michael David Krenz.

R. Ted Cruz (argued), Austin, TX, for M. Malon Southerland, Russell Thompson, Ray Bowen, William Kibler, John J. Koldus, III, M.T. Hopgood, Jr., Donald Johnson, Zack Coapland, Kevin Jackson, James R. Reynolds, Robert Harry Stiteler, Jr. and Michael David Krenz.

George E. Hyde, Denton, Navarro, Rocha Bernal, San Antonio, TX, for Texas Ass'n of Counties, Amicus Curiae.

Darrell L. Keith, Fort Worth, TX, Jeffrey H. Kobs (argued), Kobs Haney, Fort Worth, TX, for Jacquelynn Kay Self, Kathy McClain Escamilla, Phillip McClain, Andrea Heard, Leslie G. Heard, Matthew Lynn Robbins and Dominic Braus.

Eugene Borchardt, McGartland Borchardt, Fort Worth, TX, for Gregory Anthony Powell and Beverly Jill Powell.Page 518

Nancy Braus, Hallettsville, TX, pro se.

Appeals from the United States District Court for the Southern District of Texas; Samuel B. Kent, Judge.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

PER CURIAM:

A majority of the panel having votedsua sponteto grant rehearing, in part, the opinion of the court in disposing of this appeal is as follows:

Section III. A, including its subsections 1 through 3, of the panel opinion, found at485 F.3d 325,332-38(5th Cir. 2007), along with footnote 14, is hereby withdrawn and deleted from the opinion. Other than these withdrawals and deletions, the original panel opinion is reinstated.

DENNIS, Circuit Judge, concurs in the result for the reasons assigned by him in the original panel opinion.