IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 91-6037
FRANCES S. HODGES,
Plaintiff-Appellant,
versus
DELTA AIRLINES, INC.,
Defendant-Appellee.
- - - - -
Appeal from the United States District Court for the
Southern District of Texas
- - - - -
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion October 10, 1993, 5 Cir., 1993, _____F.3d,____)
(January 12, 1994)
Before POLITZ, Chief Judge, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS,
JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA,
and DeMOSS, 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.
*Judge King is recused, and therefore did not participate in
this decision.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 91-6070
CHARLES E. GENE SMITH and
JOAN SMITH, ET AL.,
Plaintiffs-Appellants,
versus
AMERICA WEST AIRLINES, INC.,
and CONNIE LYNN WEAVER,
Defendants-Appellees.
- - - - -
Appeal from the United States District Court for the
Southern District of Texas
- - - - -
ON SUGGESTION FOR REHEARING EN BANC
(Opinion October 10, 1993, 5 Cir., 1993, _____F.3d,____)
(January 12, 1994)
Before POLITZ, Chief Judge, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS,
JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA,
and DeMOSS, 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.
*Judge King is recused, and therefore did not participate in
this decision.