AT&T Universal Card Service v. Mercer , 246 F.3d 391 ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 98-60693
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In the Matter of: CONSTANCE P MERCER
Debtor
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AT&T UNIVERSAL CARD SERVICES
Appellant
VERSUS
CONSTANCE P MERCER
Appellee
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Appeal from the United States District Court
for the Southern District of Mississippi
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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.