Gaddis v. United States

                IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals
                        FOR THE FIFTH CIRCUIT                  Fifth Circuit
                                                                 F I L E D
                                                                December 8, 2003
                              No. 02-41655
                                                      Charles R. Fulbruge III
                                                              Clerk
CARLTON GADDIS; LATANZA GADDIS, Individually and as Next Friend
of Courtlin Gaddis, a Minor; COURTLIN GADDIS, a Minor

                                                  Plaintiffs-Appellees

                                 versus

UNITED STATES OF AMERICA; ET AL

                                                  Defendants

UNITED STATES OF AMERICA

                                                  Defendant-Appellant

                             - - - - -
       Appeal from the United States District Court for the
                     Eastern District of Texas
                             - - - - -

                  ON PETITION FOR REHEARING EN BANC

       (Opinion July 10, 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.