Franks Invst Co LLC v. Union Pacific RR Co

1Judges Wiener and Dennis are recused in this case and did not
participate in this decision.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-30236
FRANKS INVESTMENT COMPANY LLC,
Plaintiff-Appellant
vs.
UNION PACIFIC RAILROAD CO,
Defendant-Appellee
- - - - -
Appeal from the United States District Court for the
Western District of Louisiana
- - - - -
ON PETITION FOR REHEARING
AND
PETITION FOR REHEARING EN BANC
(Opinion July 3, 2008, 5 Cir., 2008, ____F.3d____)
(March 11, 2009)
BEFORE: JONES, Chief Judge, KING, JOLLY, DAVIS, SMITH,
BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO,
OWEN, ELROD, SOUTHWICK and HAYNES, 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
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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 11, 2009
Charles R. Fulbruge III
Clerk

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