Opinion
No. 09-30036.
Filed October 1, 2010.
Appeals from the United States District Court for the Eastern District of Louisiana.
ON PETITION FOR REHEARING EN BANC (Opinion February 18, 2010, 5 Cir., 2010, ___ F.3d ___) (Revised Opinion March 5, 2010, 5 Cir., 2010, ___ F.3d ___, October 1, 2010.)
BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, 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 issue a supplemental briefing schedule in the near future.