McClendon v. City of Columbia

Full title: Peter Clayton McCLENDON, Plaintiff-Appellant, v. CITY OF COLUMBIA; et al.…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 13, 2002

285 F.3d 1078 (5th Cir. 2002)

Opinion

No. 00-60256.

March 13, 2002.

Kathryn Neal Nester (argued), Jackson, MS, for Plaintiff-Appellant.

Thomas D. McNeese, Lawrence Elder Hahn (argued), McNeese Hahn, Columbia, MS, for City of Columbia.

Sandra Schuffert Mohler (argued), Jon Mark Weathers, Bryan, Nelson, Randolph Weathers, Hattiesburg, MS, for Carney.

Appeal from the United States District Court for the Southern District of Mississippi; Louis Guirola, Jr., United States Magistrate Judge.

ON PETITION FOR REHEARING EN BANC

(Opinion July 26, 2001, 5 Cir., 2001, 258 F.3d 432)

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.

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.