Grand Isle Shipyard Inc. v. SEACOR MARINE, LLC.

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


                                No. 07-31019
                                                                  FILED
                                                                 May 26, 2009

GRAND ISLE SHIPYARD INC; GRAY INSURANCE COMPANY            Charles R. Fulbruge III
                                                                   Clerk
                                                      Plaintiffs-Appellees
     vs.

SEACOR MARINE LLC
                                                      Defendant-Appellant

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

                  ON PETITION FOR REHEARING EN BANC

    (Opinion September 22, 2008, 5 Cir., 2008, _____F.3d____)

                              (May 26, 2009)

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

BY THE COURT:

     A member of the court having requested a poll on the

petition for rehearing en banc, and a majority of the circuit

judges in regular active service and not disqualified having

voted in favor,

     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
      Judge Smith is recused and did not participate.