1 IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

No. 95-6243

CASSANDRA JENKINS, a minor, by her mother and next friend, Sandra Hall; ONIEKA McKENZIE, a minor, by her mother and next friend, Elizabeth McKenzie,

Plaintiffs-Appellants, versus

TALLADEGA CITY BOARD OF EDUCATION; SUSANNAH HERRING, individually and in her capacity as a teacher of Graham Elementary School; MELBA SIRMON, individually and in her capacity as counselor at Graham Elementary School,

Defendants-Appellees,

CHARLES KURLEY, in his official capacity as Superintendent of the Talladega City School District, et al.,

Defendants.

-------------------------- On Appeal from the United States District Court for the Northern District of Alabama

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

(Panel Opinion September 23, 1996, llth Cir., l996, F.2d )

(October 16, 1996)

Before HATCHETT, Chief Judge, TJOFLAT, KRAVITCH, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.

B Y T H E C O U R T :

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 of this court in active service having voted in

favor of granting a rehearing en banc,

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

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