AT&T Universal Card Service v. Mercer

246 F.3d 391

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

No. 98-60693 _______________

In the Matter of: CONSTANCE P MERCER

Debtor -------------------------------------------- AT&T UNIVERSAL CARD SERVICES Appellant

VERSUS

CONSTANCE P MERCER Appellee

------------ Appeal from the United States District Court for the Southern District of Mississippi ------------

ON PETITION FOR REHEARING EN BANC

(Opinion April 26, 2000, 5 Cir., 2000, ___ F.3d ___)

(July 7, 2000)

Before JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, 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 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

* Chief Judge King is recused and did not participate in this matter. briefs.