IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60153
BENNIE WHITEHEAD; ET AL
Plaintiffs
versus
FOOD MAX OF MISSISSIPPI, INC; ET AL
Defendants
K MART CORPORATION
Defendant-Appellee
versus
PAUL S MINOR
Appellant
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Appeal from the United States District Court for the
Southern District of Mississippi
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(Opinion January 11, 2002, 5 Cir., 2002, _____F.3d____)
(September 30, 2002)
BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.1
BY THE COURT:
A majority of judges in active service having
determined, on the Court’s own motion, to rehear this case 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.
1
Judge Robert M. Parker is recused and did not participate in
this decision.