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.