Duncan, Jimmy L. v. WMATA, No. 99-7073 (D.C. Cir. 2000)

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This opinion or order relates to an opinion or order originally issued on January 28, 2000.

United States Court of Appeals For The District of Columbia Circuit No. 99-7073 September Term, 1999 95cv02360

Jimmy L. Duncan, Appellee


Washington Metropolitan Area Transit Authority, Appellant

BEFORE: Edwards, Chief Judge; Silberman, Williams, Ginsburg, Sentelle, Henderson, Randolph, Rogers, Tatel and Garland, Circuit Judges


Upon consideration of appellee's petition for rehearing en banc, the response thereto, and the vote by a majority of the judges of the court in regular active service in favor of the petition, it is

ORDERED that the petition be granted. This case will be reheard by the court sitting en banc. The judgment filed on January 28, 2000 is hereby vacated. It is

FURTHER ORDERED that an order governing further proceedings will issue at a later date.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

Filed March 31, 2000