Positive Software Solutions, Inc. v. New Century Mortgage Corporation

1Judge King did not participate in the decision.
United States Court of Appeals
Fifth Circuit
F I L E D
May 5, 2006
Charles R. Fulbruge III
Clerk
R E V I S E D 05/15/06
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-11432
POSITIVE SOFTWARE SOLUTIONS, INC.
Plaintiff-Appellee
v.
NEW CENTURY MORTGAGE CORPORATION; NEW CENTURY FINANCIAL
CORPORATION; eCONDUIT CORPORATION; THE ANYLOAN COMPANY; JEFF
LEMIEUX; FRANK NESE
Defendants-Appellants
- - - - -
Appeal from the United States District Court for the
Northern District of Texas
- - - - -
ON PETITION FOR REHEARING EN BANC
(Opinion January 11, 2006, 5 Cir., 2006, _____F.3d____)
BEFORE: JONES, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, SMITH,
WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART,
DENNIS, CLEMENT, PRADO and OWEN, Circuit Judges.1
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

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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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