Access Mediquip, L.L.C. v. UnitedHealth Group, Inc

Opinion

R E V I S E D 04/30/12

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit

FOR THE FIFTH CIRCUIT FILED _____________________ April 26, 2012

No. 10-20868 Lyle W. Cayce _____________________ Clerk

ACCESS MEDIQUIP L.L.C., a Texas Limited Liability Company,

Plaintiff - Appellant

v.

UNITEDHEALTHCARE INSURANCE COMPANY, A Connecticut Corporation, Defendant - Appellee

__________________________

Appeals from the United States District Court for the Southern District of Texas, Houston

__________________________

ON PETITIONS FOR REHEARING AND REHEARING EN BANC

(Opinion November 8, 2011, 5 Cir., 2011, 662 F.3d 376)

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

BY THE COURT:

A member of the court having requested a poll on the petition for

1 Judge King did not participate.

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 at a later date a briefing schedule for the filing of supplemental briefs.