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,

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).