Franks Inv. Co. LLC v. Union Pacific R. Co.

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT Fifth Circuit

FILED
No. 08-30236 March 11, 2009

Charles R. Fulbruge III
FRANKS INVESTMENT COMPANY LLC, Clerk

Plaintiff-Appellant
vs.

UNION PACIFIC RAILROAD CO,
Defendant-Appellee

- - - - -
Appeal from the United States District Court for the
Western District of Louisiana
- - - - -

ON PETITION FOR REHEARING
AND
PETITION FOR REHEARING EN BANC

(Opinion July 3, 2008, 5 Cir., 2008, ____F.3d____)

(March 11, 2009)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH,
BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO,
OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.1

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.

1
Judges Wiener and Dennis are recused in this case and did not
participate in this decision.