United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 19, 2003
Charles R. Fulbruge III
Clerk
No. 02-60782
KELLI SMALLWOOD
Plaintiff-Appellant
versus
ILLINOIS CENTRAL RAILROAD COMPANY; MISSISSIPPI DEPARTMENT OF
TRANSPORTATION
Defendants-Appellees
- - - - -
Appeal from the United States District Court for the
Southern District of Mississippi
- - - - -
ON PETITIONS FOR REHEARING EN BANC
(Opinion August 7, 2003, 5 Cir., 2003, _____F.3d____)
BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, 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.