IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10685
JULIE DEFFENBAUGH WILLIAMS
Plaintiff-Appellee
Cross-Appellant
versus
WAL-MART STORES, INC, ET AL
Defendants
WAL-MART STORES, INC
Defendant-Appellant
Cross-Appellee
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Appeals from the United States District Court for the
Northern District of Texas
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ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion September 24, 1998, 5 Cir., 1998, _____F.3d____)
(February 26, 1999)
Before POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ,
WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES,
STEWART, PARKER and DENNIS, Circuit Judges.*
BY THE COURT:
A member of the Court in active service having requested a
poll on the suggestion for rehearing en banc and a majority of the
judges in active service having voted in favor of granting a
rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the court
en banc with oral argument on a date hereafter to be fixed. The
Clerk will specify a briefing schedule for the filing of
supplemental briefs.
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Chief Judge King is recused and did not participate in this
decision.