Ellis v. Weasler Engineering

* District Judge of the Southern District of Texas, sitting
by designation.
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 99-30965
ELTON FITZGERALD ELLIS
Plaintiff - Appellee
VERSUS
WEASLER ENGINEERING INC.; ET AL.
Defendants
NUT HUSTLER INC.,
Defendant - Appellant
Appeal from the United States District Court
For the Western District of Louisiana
November 27, 2001
ON PETITION FOR REHEARING EN BANC
(Opinion July 11, 2001, 5th Cir., 2001, ____F.3d____)
Before SMITH and DENNIS, Circuit Judges, and HARMON,* District
Judge.
PER CURIAM:
No member of the panel or judge in regular active service
having requested that the court be polled on rehearing en banc

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1 The related references in the original opinion, 258 F.3d
326, include note 8 and accompanying text on page 332, the second
full paragraph on page 340, and the parenthetical in the first
sentence of the last paragraph that begins on page 340.
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(FED. R. APP. P. 35 and 5TH CIR. R. 35), the petition for rehearing
en banc is DENIED. Treating the petition for rehearing en banc as
a petition for panel rehearing, the petition for panel rehearing is
DENIED.
The panel opinion issued on July 11, 2001, 258 F.3d 326 (5th
Cir. 2001), is AMENDED by the present panel majority to delete Part
II.B. of that opinion, and related mention of the distinction
between decisions on law and facts in Louisiana cases.1
Judge Dennis adheres to the original opinion in its entirety.
THE MANDATE SHALL ISSUE FORTHWITH.

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