IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 07-40058 FILED February 14, 2008

Charles R. Fulbruge III Clerk

In Re: VOLKSWAGEN OF AMERICA INC, a New Jersey Corporation; VOLKSWAGEN AG, a foreign corporation organized under the laws of Germany

Petitioners

- - - - - Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas, Marshall Division - - - - -

ON PETITION FOR REHEARING EN BANC (Opinion Order February 13, 2007, 5 Cir., 2007,_____F.3d_____) (Order on Panel Rehearing April 23, 2007, 5 Cir., 2007, _____F.3d_____) (Opinion Order October 24, 2007, 5 Cir., 2007, _____F.3d_____)

(February 14, 2008)

BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD and SOUTHWICK, 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 en

banc briefs.