IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40237
UNITED STATES OF AMERICA
Plaintiff-Appellee
versus
MASONTAE HICKMAN; MARKUS D. CHOPANE; JYI R. MCCRAY;
EDWIN T. LIMBRICK; EDMOND GASAWAY
Defendants-Appellants
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Appeals from the United States District Court for the
Eastern District of Texas
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ON PETITIONS FOR REHEARING EN BANC AS TO
APPELLANTS MARKUS D. CHOPANE AND EDWIN T. LIMBRICK
(Opinion September 1, 1998, 5 Cir., 1998, _____F.3d____)
(January 20, 1999)
Before KING, Chief Judge, POLITZ, JOLLY, HIGGINBOTHAM, DAVIS,
JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA,
DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit
Judges.
BY THE COURT:
A member of the court in active service having requested a
poll on the petitions for rehearing en banc filed by Markus D.
Chopane and Edwin T. Limbrick, and a majority of the judges in
active service having voted in favor of granting the rehearings en
banc; and, a majority of judges in active service having
determined, on the court’s own motion, to rehear the appeals of
Masontae Hickman, Jyi R. McCray and Edmond Gasaway en banc,
IT IS ORDERED that these causes 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.
IT IS FURTHER ORDERED that under 5th Cir. R. 42.1, the
mandate issued in the appeals of Masontae Hickman, Jyi R. McCray
and Edmond Gasaway are recalled to prevent injustice.