Abraham Watkins v. Festeryga

113 F.4th 1019

Opinion

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

___________ FILED September 11, 2024 No. 23-20337 Lyle W. Cayce ___________ Clerk

Abraham Watkins Nichols Agosto Aziz & Stogner,

Plaintiff—Appellee,

versus

Edward Festeryga,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CV-4249 ______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion July 25, 2024, 5 Cir., 2024, 109 F.4th 810)

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges. Per Curiam: 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, No. 23-20337

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. Pursuant to 5th Circuit Rule 41.3, the panel opinion is this case dated July 25, 2024, is VACATED.