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AUSTIN -- The University of Texas had another victory Wednesday when the U.S. Fifth Circuit Court of Appeals refused to consider its ruling in the case of Abigail Fisher v. the University of Texas.

Fisher, who is white, sued in 2008 after UT denied her admission, claiming she would have been admitted if she had been a minority.

In July, the appeals court ruled the university can use race as a factor in admission.

Fisher's attorneys said they will appeal to the U.S. Supreme Court.

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