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No. 14-50196 _________________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________________________________

CLEOPATRA DE LEON; NICOLE DIMETMAN; VICTOR HOLMES; MARK PHARISS

, PLAINTIFFS-APPELLEES; v.

RICK PERRY, in His Official Capacity as Governor of the State of Texas; GREG ABBOTT, in His Official Capacity as Texas Attorney General; DAVID LAKEY, in His Official Capacity as Commissioner of the Department of State Health Services

, DEFENDANTS-APPELLANTS. ____________________________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, SAN ANTONIO DIVISION, CASE NO. 5:13-CV-982 ___________________________________________

BRIEF OF AMICUS CURIAE B.N. KLEIN SUPPORTING DEFENDANTS-APPELLANTS AND SUPPORTING REVERSAL

___________________________________________

David Boyle P.O. Box 15143 Long Beach, CA 90815 (734) 904-6132 dbo@boyleslaw.org Counsel for Amicus Curiae B.N. Klein

Case: 14-50196 Document: 00512728660 Page: 1 Date Filed: 08/11/2014


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CERTIFICATE OF INTERESTED PERSONS

Case 14-50196, Civil Pursuant to Fifth Circuit Rule 28.2.1, the undersigned counsel of record certifies that the following listed persons and entities as described in the fourth sentence of Rule 28.2.1 have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate possible disqualification or recusal.

APPELLANTS:

Rick Perry, in his official capacity as Governor of the State of Texas. Greg Abbott, in his official capacity as Texas Attorney General. David Lakey, in his official capacity as Commissioner of the Texas Department of State Health Services. (

APPELLANTS’ ATTORNEYS:

Jonathan F. Mitchell, Solicitor General Kyle D. Highful Beth Ellen Klusmann Michael P. Murphy OFFICE OF THE ATTORNEY GENERAL)

APPELLEES:

Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss.



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APPELLEES’ ATTORNEYS:

Barry Alan Chasnoff Jessica M. Weisel Michael P. Cooley Daniel McNeel Lane, Jr. Andrew Forest Newman Matthew Edwin Pepping AKIN GUMP STRAUSS HAUER & FELD, LLP) This list does not include the various amici in the case, especially since they are

not parties or parties’ attorneys, and the list of amici is growing. However, if

wished, a list can be supplied. Amicus Curiae B.N. Klein is an individual who has no parent corporation, or any publicly held corporation that owns 10% or more of stock of that nonexistent parent corporation. s/David Boyle Attorney of record for Amicus Curiae B.N. Klein

