Positive Software v. New Century Mortgage

476 F.3d 278

Opinion

United States Court of Appeals Fifth Circuit F I L E D R E V I S E D 05/15/06 May 5, 2006 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk

No. 04-11432

POSITIVE SOFTWARE SOLUTIONS, INC.

Plaintiff-Appellee v.

NEW CENTURY MORTGAGE CORPORATION; NEW CENTURY FINANCIAL CORPORATION; eCONDUIT CORPORATION; THE ANYLOAN COMPANY; JEFF LEMIEUX; FRANK NESE

Defendants-Appellants

- - - - - Appeal from the United States District Court for the Northern District of Texas - - - - -

ON PETITION FOR REHEARING EN BANC

(Opinion January 11, 2006, 5 Cir., 2006, _____F.3d____)

BEFORE: JONES, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and OWEN, Circuit Judges.1

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

1 Judge King did not participate in the decision. 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.