IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit _____________________ FILED November 5, 2014 No. 13-50075 Lyle W. Cayce _____________________ Clerk

In the Matter of: CLIFFORD J. WOERNER; GAIL S. WOERNER,

Debtors −−−−−−−−−−−−−−−−−−−−−−−−−−−−−− BARRON & NEWBURGER, P.C.,

Appellant v.

TEXAS SKYLINE, LIMITED; PECOS & 15TH, LIMITED; UNITED STATES TRUSTEE; SKYLINE INTERESTS, L.L.C.,

Appellees

__________________________

Appeals from the United States District Court for the Western District of Texas, Austin __________________________

ON PETITION FOR REHEARING EN BANC (Opinion July 15, 2014, 5 Cir., 2014,

)

Before STEWART, Chief Judge, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON and COSTA, Circuit Judges.

BY THE COURT:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, It is ordered that this cause shall be reheard by the court en banc without oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.