U.S. Court of Appeals for the Fifth Circuit, 1993

John R. Nichols, and Irene Nichols v. Petroleum Helicopters, Inc., Jimmie John Miller, Jr., and Jolain Miller v. Petroleum Helicopters, Inc.

John R. Nichols, and Irene Nichols v. Petroleum Helicopters, Inc., Jimmie John Miller, Jr., and Jolain Miller v. Petroleum Helicopters, Inc.
U.S. Court of Appeals for the Fifth Circuit · Decided August 17, 1993 · Higginbotham, Smith, Demoss
995 F.2d 85; 1993 U.S. App. LEXIS 21420; 1993 WL 310126 (Federal Reporter, Second Series)

John R. Nichols, and Irene Nichols v. Petroleum Helicopters, Inc., Jimmie John Miller, Jr., and Jolain Miller v. Petroleum Helicopters, Inc.

Opinion

PER CURIAM:

While no motion for rehearing was filed in this case, another member of our court has questioned the propriety of disposition of this case on the summary calendar and requested the clerk to hold the issuance of any mandate in this case. While the panel adheres to its original view that this case was appropriate for summary calendar disposition, we also recognize that the concerns expressed by our colleague are reasonable, and that the appropriate course to follow when reasonable doubts are raised is to permit reconsideration which would eliminate those doubts.

Accordingly, we withdraw the opinion dated July 14, 1993, 995 F.2d 82; and instruct the clerk to withdraw the mandate issued herein; and classify this case as III for further consideration by an oral argument panel.

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