Title of page

OPINION

U. S. Courts of Appeals
FILED
February 12, 2001
Charles R. Fulbrudge, III
Clerk

In The United States Court of Appeals
For The Fifth Circuit
No. 99-11306

Robert C. Ballew, plaintiff - Appellant
United States Department of Justice; United States Coast Guard, Defendants - Appellees

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Appeal from the United States District Court for the
Northern District of Texas, Fort Worth
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ON PETITION FOR REHEARING EN BANC

(Opinion 12/15/00, 5 Cir F.3d
Before Jolly, Jones, and Smith, Circuit Judges.
per Curiam

( X ) Treating the petition for Rehearing En Banc as a petition for panel Rehearing, the petition for panel Rehearing is DENIED. No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (FED. R. App. P. (CLICK HERE) and 5TH CIR. R. 35 (CLICK HERE)), 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 court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor (FED. R. App. p. and 5TH CTR. R. 35), the petition for Rehearing En Banc is DENIED.

ENTERED FOR THE COURT
(Signature - Edith H. Jones)
United State Circuit Judge

CLERK NOTE:
SEE FRAp AND LOCAL
RULES 41 FOR STAY OF THE
MANDATE