IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-30228

IFEANYI CHARLES ANTHONY OKPALOBI, doing business as Gentilly Medical Clinic for Women Plaintiff-Appellee and

CAUSEWAY MEDICAL SUITE; BOSSIER CITY MEDICAL SUITE; HOPE MEDICAL GROUP FOR WOMEN, DELTA WOMEN’S CLINIC; WOMEN’S HEALTH CLINIC; JAMES DEGUERCE; A JAMES WHITMORE, III Intervenors-Appellees versus

MIKE FOSTER, Governor of the State of Louisiana; STATE OF LOUISIANA, Substituted in place of Kenneth Duncan, Treasurer of the State of LA Defendants-Appellants - - - - - Appeal from the United States District Court for the Eastern District of Louisiana - - - - -

(Opinion September 17, 1999, 5 Cir., 1999, _____F.3d____)

(January 6, 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 majority of the judges in active service having

determined, on the court’s own motion, to rehear this case 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.