United States v. Parsons

                                                        United States Court of Appeals
                                                                 Fifth Circuit
                                                              F I L E D
                IN THE UNITED STATES COURT OF APPEALS           June 3, 2003
                        FOR THE FIFTH CIRCUIT
                                                          Charles R. Fulbruge III
                                                                  Clerk

                            No. 01-50464


UNITED STATES OF AMERICA

                                              Plaintiff-Appellee

                               versus

ESTATE OF ANDREW CLYDE PARSONS as Represented by its Independent
Executor, Patrick D. Millar
                                            Appellant

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

          ON PETITIONS FOR REHEARING AND REHEARING EN BANC

    (Opinion December 11, 2002, 5 Cir., 2002, _____F.3d____)

                           (June 3, 2003)

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.