Franks Inv. Co. LLC v. Union Pacific R. Co.

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 - - - - - 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.