Reed v. City of Arlington

Full title: Diane G. REED, Real party in Interest, Plaintiff-Appellee Cross-Appellant…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 22, 2011

634 F.3d 769 (5th Cir. 2011)

Opinion

No. 08-11098.

February 22, 2011.

Todd Alan Hoodenpyle (argued), Larry A. Levrick, Singer Levick, P.C., Addison, TX, for Reed.

Michael A. McConnell (argued), Marianne Marsh Auld, Matt David Stayton, Kelly, Hart Hallman, L.L.P., Fort Worth, TX, Denise V. Wilkerson, Asst. City, Atty., Arlington, TX, for City of Arlington.

Stephen W. Sather, Barbara M. Barron, Barron, Newburger Sinsley, P.L.L.C., Austin, TX, for Commercial Law League of America, Amicus Curiae.

Appeal from the United States District Court for the Northern District of Texas; Terry R. Means, Judge.

ON PETITION FOR REHEARING EN BANC

(Opinion Sept. 16, 2010, 5th Cir., 2010, 620 F.3d 477)

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.¹

1 Judge Graves did not participate in the poll.

BY THE COURT:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

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.