Wheeler v. Pilgrim's Pride Corp.

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 07-40651 FILED July 27, 2009 CODY WHEELER; DON DAVIS; DAVEY WILLIAMS Charles R. Fulbruge III Clerk Plaintiffs-Appellees vs. PILGRIM’S PRIDE CORP Defendant-Appellant - - - - - Appeal from the United States District Court for the Eastern District of Texas - - - - - ON PETITION FOR REHEARING EN BANC (Opinion July 21, 2008, 5 Cir., 2008, _____F.3d____) (July 27, 2009) BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.1 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. 1 Judge Clement is recused and did not participate.