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.

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________________________________

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).

3