Hodges v. Delta Airlines, Inc.

                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.