Whitehead v. Food Max of Mississippi Inc.

Full title: Bennie WHITEHEAD; et al., Plaintiffs, v. FOOD MAX OF MISSISSIPPI, INC.; et…

Court: United States Court of Appeals, Fifth Circuit

Date published: Sep 30, 2002

308 F.3d 472 (5th Cir. 2002)

Opinion

No. 00-60153.

September 30, 2002.

Luther T. Munford, Ross F. Bass, Jr., Phelps Dunbar, Jackson, MS, for Appellant.

Don Keller Haycraft, Khristina DeLuna Miller, Liskow Lewis, New Orleans, LA, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Mississippi; Henry T. Wingate, Judge.

(Opinion Jan. 11, 2002, 5 Cir., 2002, 277 F.3d 791)

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.¹

1 Judge Robert M. Parker is recused and did not participate in this decision.

BY THE COURT:

A majority of judges in active service having determined, on the Court's own motion, to rehear this case 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.