IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-10907

CHARLES FREEMAN; ROSALYN BROWN

Plaintiffs-Appellees-Cross-Appellants

versus

CITY OF DALLAS

Defendant-Appellant-Cross-Appellee

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

ON PETITION FOR REHEARING EN BANC

(Opinion August 18, 1999, 5 Cir., 1999, _____F.3d____)

(January 10, 2000)

Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

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

supplemental briefs.