IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT Fifth Circuit
FILED
No. 08-30236 March 11, 2009
Charles R. Fulbruge III
FRANKS INVESTMENT COMPANY LLC, Clerk
Plaintiff-Appellant
vs.
UNION PACIFIC RAILROAD CO,
Defendant-Appellee
- - - - -
Appeal from the United States District Court for the
Western District of Louisiana
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ON PETITION FOR REHEARING
AND
PETITION FOR REHEARING EN BANC
(Opinion July 3, 2008, 5 Cir., 2008, ____F.3d____)
(March 11, 2009)
BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH,
BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO,
OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.1
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.
1
Judges Wiener and Dennis are recused in this case and did not
participate in this decision.