R E V I S E D 10/26/10
United States Court of Appeals
IN THE UNITED STATES COURT OF APPEALS Fifth Circuit
FOR THE FIFTH CIRCUIT FILED
October 1, 2010
No. 09-30036
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. The
Clerk will issue a supplemental briefing schedule in the near
future.
1
Judge King did not participate.