Burdine v. Johnson

                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT



                            No. 99-21034




CALVIN JEROLD BURDINE
                                             Petitioner-Appellee

                               versus


GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION
                                          Respondent-Appellant


                            - - - - -
      Appeal from the United States District Court for the
                   Southern District of Texas
                            - - - - -

                  ON PETITION FOR REHEARING EN BANC

     (Opinion October 27, 2000, 5 Cir., 2000, _____F.3d____)

                          December 5, 2000

Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
       SMITH, 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 petition 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.