Opinion
No. 05-70038.
March 12, 2008.
Thomas Scott Smith (argued), Smith Smith, Sherman, TX, for Moore.
Edward Larry Marshall (argued), Austin, TX, for Quarterman.
Appeal from the United States District Court for the Eastern District of Texas; Leonard E. Davis, Judge.
Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD and SOUTHWICK, Circuit Judges.
ON PETITION FOR REHEARING EN BANC
(Opinion June 29, 2006, 5th Cir., 2006, 454 F.3d 484)
(Opinion June 27, 2007, 5th Cir., 2007, 491 F.3d 213)
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 en banc briefs.