In The Matter Of: SUPREME BEEF PROCESSORS INC Debtor -------------------------… v. Department of Agriculture; United States of America

1Judge King is recused and did not participate in this
decision.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41345
In The Matter Of: SUPREME BEEF PROCESSORS INC
Debtor
-------------------------
STEPHEN ZAYLER, Trustee of the Estate of
Supreme Beef Processors Inc
Appellant
v.
DEPARTMENT OF AGRICULTURE; UNITED STATES OF AMERICA
Appellees
- - - - -
Appeal from the United States District Court for the
Eastern District of Texas
- - - - -
ON PETITION FOR REHEARING EN BANC
(Opinion November 16, 2004, 5 Cir., 2004, _____F.3d____)
(March 9, 2006)
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
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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 9 2006
Charles R. Fulbruge III
Clerk

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