U.S. Court of Appeals for the Fifth Circuit, 1977

McDaniel v. Fulton National Bank

U.S. Court of Appeals for the Fifth Circuit · Decided June 8, 1977 · Ainsworth, Berry, Brown, Clark, Coleman, Fay, Gee, Godbold, Goldberg, Hill, Morgan, Roney, Thorn, Tjoflat

554 F.2d 1391 (Federal Reporter, Second Series)

Opinion of the Court

ON PETITIONS FOR REHEARING AND PETITIONS FOR REHEARING EN BANC

(Opinion December 6, 1976, 5 Cir., 1976, 543 F.2d 568).

Before BROWN, Chief Judge, THORN-BERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT and FAY, Circuit Judges. BY THE COURT:

A member of the Court in active service having requested a poll on the application 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 the cause shall be reheard by the Court en banc on briefs without oral argument. The Clerk shall set a briefing schedule for the filing of supplemental briefs.

The parties in No. 75-4397, Kennedy v. Plaza Pontiac, No. 75-4408, Reed v. Welch Oldsmobile and No. 76-1158, Hicks v. General Motors, 5 Cir., 544 F.2d 516 are entitled without further leave to timely file amicus briefs if they so desire.

JAMES C. HILL, Circuit Judge, is recused and did not participate in this order.

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