Okpalobi v. Foster , 244 F.3d 405 ( 2000 )

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-30228 IFEANYI CHARLES ANTHONY OKPALOBI, doing business as Gentilly Medical Clinic for Women Plaintiff-Appellee and CAUSEWAY MEDICAL SUITE; BOSSIER CITY MEDICAL SUITE; HOPE MEDICAL GROUP FOR WOMEN, DELTA WOMEN’S CLINIC; WOMEN’S HEALTH CLINIC; JAMES DEGUERCE; A JAMES WHITMORE, III Intervenors-Appellees versus MIKE FOSTER, Governor of the State of Louisiana; STATE OF LOUISIANA, Substituted in place of Kenneth Duncan, Treasurer of the State of LA Defendants-Appellants - - - - - Appeal from the United States District Court for the Eastern District of Louisiana - - - - - (Opinion September 17, 1999, 5 Cir., 1999, _____F.3d____) (January 6, 2000) Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges. BY THE COURT: A majority of the judges in active service having determined, on the court’s own motion, to rehear this case 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.