IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
No. 07-40058
FILED
February 14, 2008
Charles R. Fulbruge III
Clerk
In Re: VOLKSWAGEN OF AMERICA INC, a New Jersey Corporation;
VOLKSWAGEN AG, a foreign corporation organized under the laws of
Germany
Petitioners
- - - - -
Petition for Writ of Mandamus to the United States District Court
for the Eastern District of Texas, Marshall Division
- - - - -
ON PETITION FOR REHEARING EN BANC
(Opinion Order February 13, 2007, 5 Cir., 2007,_____F.3d_____)
(Order on Panel Rehearing April 23, 2007,
5 Cir., 2007, _____F.3d_____)
(Opinion Order October 24, 2007, 5 Cir., 2007, _____F.3d_____)
(February 14, 2008)
BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER,
BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT,
PRADO, OWEN, ELROD and SOUTHWICK, 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 en
banc briefs.