Case: 21-60312      Document: 00516877242         Page: 1      Date Filed: 08/29/2023




            United States Court of Appeals
                 for the Fifth Circuit
                                                                       United States Court of Appeals
                                                                                Fifth Circuit

                                           FILED
                                  ___________
                                                                        August 29, 2023
                                   No. 21-60312                          Lyle W. Cayce
                                  ___________                                 Clerk

   Jackson Municipal Airport Authority; Board of
   Commissioners of the Jackson Municipal Airport
   Authority, each in his or her official capacity as a Commissioner on the
   Board of Commissioners of the Jackson Municipal Airport Authority; Doctor
   Rosie L. T. Pridgen, in her official capacity as a Commissioner on the
   Board of Commissioners of the Jackson Municipal Airport Authority;
   Reverend James L. Henley, Jr., in his official capacity as a
   Commissioner on the Board of Commissioners of the Jackson Municipal Airport
   Authority; LaWanda D. Harris, in her official capacity as a
   Commissioner on the Board of Commissioners of the Jackson Municipal Airport
   Authority; Vernon W. Hartley, Sr., in his official capacity as a
   Commissioner on the Board of Commissioners of the Jackson Municipal Airport
   Authority; Evelyn O. Reed, in her official capacity as a Commissioner on
   the Board of Commissioners of the Jackson Municipal Airport Authority;
   Doctor Rosie L. T. Pridgen, individually as citizens of the City of
   Jackson, Mississippi, on behalf of themselves and all others similarly situated;
   LaWanda D. Harris, individually as citizens of the City of Jackson,
   Mississippi, on behalf of themselves and all others similarly situated; Vernon
   W. Hartley, Sr., individually as citizens of the City of Jackson,
   Mississippi, on behalf of themselves and all others similarly situated; Evelyn
   O. Reed, individually as citizens of the City of Jackson, Mississippi, on behalf
   of themselves and all others similarly situated; James L. Henley, Jr.,
   individually as citizens of the City of Jackson, Mississippi, on behalf of
   themselves and all others similarly situated,

                                                            Intervenors—Appellees,

                                        versus

   Josh Harkins; Dean Kirby; Phillip Moran; Chris
Case: 21-60312      Document: 00516877242           Page: 2    Date Filed: 08/29/2023

                                     No. 21-60312




   Caughman; Nickey Browning; John A. Polk; Mark Baker;
   Alex Monsour,

                                           Respondents—Appellants.
                   ______________________________

                   Appeal from the United States District Court
                     for the Southern District of Mississippi
                             USDC No. 3:16-CV-246
                   ______________________________

              ON PETITION FOR REHEARING EN BANC

         (Opinion May 10, 2023, 5 Cir., 2023, 

, Withdrawn)
             (Opinion August 25, 2023, 5 Cir., 2023, WL 5522213)

   Before Richman, Chief Judge, and Jones, Smith, Stewart,
   Elrod, Haynes, Higginson, Willett, Ho, Duncan,
   Engelhardt, Oldham, and Douglas, Circuit Judges.
   Per Curiam:
          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 with oral argument on a date hereafter to be fixed. The Clerk will
   specify a briefing schedule for the filing of supplemental briefs. Pursuant to
   5th Circuit Rule 41.3, the panel opinion in this case dated August 25, 2023, is
   VACATED.




          
          Judges Leslie H. Southwick, James E. Graves, Jr., and Cory T.
   Wilson did not participate in the consideration of the rehearing en banc.




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