Carlton Gaddis; Latanza Gaddis, Individually and As Next Friend of Courtlin Gaddis, a Minor; Courtlin Gaddis, a Minor, Plaintiffs-appellees, v. United States of America, et al., Defendants,united States of America, Defendant-appellant, 352 F.3d 979 (5th Cir. 2003)

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U.S. Court of Appeals for the Fifth Circuit - 352 F.3d 979 (5th Cir. 2003) Opinion July 10, 2003
Filed December 8, 2003

Paul F. Ferguson, Jr., James Erick Payne, Gregory F. Cox, Provost Umphrey, Beaumont, TX, for Plaintiffs-Appellees.

George Emerson Bean, Chambers, Templeton, Cashiola & Thomas, Beaumont, TX, for Courtlin Gaddis.

William George Cole, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas; Richard A. Schell, Judge.

ON PETITION FOR REHEARING EN BANC

(Opinion July 10, 2003, 5 Cir., 2003, 70 Fed.Appx. 190).

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, 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 briefs.

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