IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 91-4606

BETTY LOU BEETS, Petitioner-Appellee Cross-Appellant,

versus JAMES A. COLLINS, Director Texas Department of Criminal Justice, Institutional Division, Repsondent-Appellant Cross Appellee.

- - - - - Appeal from the United States District Court for the Eastern District of Texas - - - - -

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion March 18, 1993, 5 Cir., 1993, _____F.2d,____)

(August 5, 1993) Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, E. GARZA, and DeMOSS, Circuit Judges.

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.