                                                                                                PUBLISH



                        IN THE UNITED STATES COURT OF APPEALS

                                   FOR THE ELEVENTH CIRCUIT                                FILED
                                ________________________________U.S. COURT OF APPEALS
                                                                                  ELEVENTH CIRCUIT
                                           No. 98-2709                                06/03/99
                                ________________________________                   THOMAS K. KAHN
                                                                                       CLERK
                                  D.C. Docket No. 98-460-Civ-J-10C


EMILY ADLER, individually; on behalf
of herself and all persons similarly situated,
SETH FINCK, individually; on behalf of
himself and all persons similarly situated, et al.,

                                                            Plaintiffs-Appellants,

       versus

DUVAL COUNTY SCHOOL BOARD,
DUVAL COUNTY PUBLIC SCHOOL DISTRICT,

                                                            Defendants-Appellees.

            ----------------------------------------------------------------------------------------

                            ________________________________

                                       No. 98-2720
                            ________________________________

                               D.C. Docket No. 98-460-Civ-J-10C

EMILY ADLER, individually; on behalf
of herself and all persons similarly situated,
SETH FINCK, individually; on behalf of
himself and all persons similarly situated, et al.,
                                               Plaintiffs-Appellees,


        versus

SUSAN BOLES, as parent & next friend of
Rebecca Boles, a minor child and on behalf
of all public school students within the Duval
County Public School District,

                                               Movants-Appellants.

_________________________________________________________________

               Appeals from the United States District Court
                    for the Middle District of Florida
 _________________________________________________________________

                   (Opinion May 11, 1999, 11th Cir., 1999,    F.3d )

                                     (June 3, 1999)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH,
DUBINA, BLACK, CARNES and BARKETT, HULL and MARCUS, Circuit
Judges*.


BY THE COURT:

                 A member of this court in active service having requested a poll on

whether this case should be reheard by the Court sitting en banc, and a majority of the

judges in this court in active service having voted in favor of granting a rehearing en

banc,



                                           2
             IT IS ORDERED that the above cause shall be reheard by this court en

banc. The previous panel's opinion is hereby VACATED.



____________________
*Senior U. S. Circuit Judge Phyllis A. Kravitch has elected to participate in further
proceedings in this matter pursuant to 28 U.S.C. § 46(c).




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