Opinion
No. 09-40892.
November 18, 2010.
Edwin E. Wright, III, Stradley Wright, Dallas, TX, Joe C. Tooley, Rockwell, TX, for Plaintiffs-Appellees.
Robert Scott Davis, David Ryan Herring Iglesias, Flowers Davis, P.L.L.C., Tyler, TX, for Defendants-Appellants.
Appeal from the United States District Court for the Eastern District of Texas; T. John Ward, Judge.
ON PETITION FOR REHEARING EN BANC
(Opinion Sept. 22, 2010, 5th Cir., 2010, 621 F.3d 372)
Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.
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.