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

                               ___________                              FILED
                                                                September 11, 2024
                                No. 23-20337
                                                                   Lyle W. Cayce
                               ___________                              Clerk

Abraham Watkins Nichols Agosto Aziz & Stogner,

                                                            Plaintiff—Appellee,

                                     versus

Edward Festeryga,

                                         Defendant—Appellant.
                ______________________________

                Appeal from the United States District Court
                    for the Southern District of Texas
                         USDC No. 4:22-CV-4249
                ______________________________

           ON PETITION FOR REHEARING EN BANC

          (Opinion July 25, 2024, 5 Cir., 2024, 

)

Before Richman, Chief Judge, and Jones, Smith, Stewart,
Elrod, Southwick, Haynes, Graves, Higginson, Willett,
Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and
Ramirez, 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,
                                 No. 23-20337




       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 is this case dated July 25, 2024, is
VACATED.




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