Williams v. Wal-Mart Stores, Inc.

Full title: JULIE DEFFENBAUGH WILLIAMS, PLAINTIFF-APPELLEE, CROSS-APPELLANT, v…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 26, 1999

169 F.3d 215 (5th Cir. 1999)

Opinion

No. 97-10685

February 26, 1999

Mark C. Brodeur, Dallas, TX, for Plaintiff-Appellee Cross-Appellant.

Jimmy Preston Wrotenbery, Kevin D. Jewell, Magenheim, Bateman, Robinson, Wrotenbery Helfand, Houston, TX for Defendant-Appellant Cross-Appellee.

Appeals from the United States District Court for the Northern District of Texas.

Before POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.^_

_ Chief Judge King is recused and did not participate in this decision.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion September 24, 1998, 5 Cir., 1998, ___ F.3d ___)

BY THE COURT:

A member of the Court in active service having requested a poll on the suggestion 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.