IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
United States Court of Appeals
Fifth Circuit
No. 15-10604 FILED
_____________________ February 15, 2017
Lyle W. Cayce
MICHAEL DAVID MELTON, Clerk
Plaintiff Appellee
v.
KELLY D. PHILLIPS,
Defendant Appellant
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Appeal from the United States District Court for the
Northern District of Texas, Dallas
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ON PETITION FOR REHEARING EN BANC
(Opinion September 14, 2016, 5 Cir., 2016, 837 F.3d 502)
Before STEWART, Chief Judge, JOLLY, JONES, SMITH, DENNIS,
CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES,
HIGGINSON and COSTA, Circuit Judges.
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.