IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ No. 98-60693 _______________ In the Matter of: CONSTANCE P MERCER Debtor -------------------------------------------- AT&T UNIVERSAL CARD SERVICES Appellant VERSUS CONSTANCE P MERCER Appellee ------------ Appeal from the United States District Court for the Southern District of Mississippi ------------ ON PETITION FOR REHEARING EN BANC (Opinion April 26, 2000, 5 Cir., 2000, ___ F.3d ___) (July 7, 2000) Before 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

* Chief Judge King is recused and did not participate in this matter. briefs.