Williams v. Wal-Mart Stores Inc , 188 F.3d 278 ( 1999 )


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  • IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10685 JULIE DEFFENBAUGH WILLIAMS Plaintiff-Appellee Cross-Appellant versus WAL-MART STORES, INC, ET AL Defendants WAL-MART STORES, INC Defendant-Appellant Cross-Appellee - - - - - Appeals from the United States District Court for the Northern District of Texas - - - - - ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion September 24, 1998, 5 Cir., 1998, _____F.3d____) (February 26, 1999) Before POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.* BY THE COURT: A member of the Court in active service having requested a poll on the suggestion 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. ________________________ Chief Judge King is recused and did not participate in this decision.