McClendon v. City of Columbia

                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT



                            No. 00-60256


PETER CLAYTON McCLENDON
                                               Plaintiff-Appellant

                               versus

CITY OF COLUMBIA; ET AL
                                               Defendants
CITY OF COLUMBIA; JAMES R. CARNEY
                                               Defendants-Appellees

                            - - - - -
      Appeal from the United States District Court for the
                Southern District of Mississippi
                            - - - - -

                  ON PETITION FOR REHEARING EN BANC

      (Opinion July 26, 2001, 5 Cir., 2001, _____F.3d____)

                          (March 13, 2002)

BEFORE:    KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,
           SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
           BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, 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.