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92 F.4th 1150

Wilson v. Midland County

U.S. Courts of Appeals

Decided February 14, 2024

U.S. Courts of Appeals · decided 2024-02-14

Relies on Wilson v. Midland County

Decided 2024-02-14

        United States Court of Appeals
             for the Fifth Circuit
                            ___________                      United States Court of Appeals
                                                                      Fifth Circuit

                                                                    FILED
                             No. 22-50998                    February 14, 2024
                            ___________
                                                               Lyle W. Cayce
                                                                    Clerk
Erma Wilson,

                                                     Plaintiff—Appellant,

                                 versus

Midland County, Texas; Weldon (Ralph) Petty, Jr., sued
in his individual capacity; Albert Schorre, Jr., sued in his individual
capacity,

                                        Defendants—Appellees.
               ______________________________

              Appeal from the United States District Court
                   for the Western District of Texas
                        USDC No. 7:22-CV-85
              ______________________________

          ON PETITION FOR REHEARING EN BANC

      (Opinion December 14, 2023, 5 Cir., 2023, 
89 F.4th 446
)

Before Richman, Chief Judge, and Jones, Smith, Stewart,
Elrod, Southwick, Haynes, Graves, Higginson, Willett,
Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas and
Ramirez, Circuit Judges.
                                  No. 22-50998




Per Curiam:
       A member of the court having requested a poll on the petition for
rehearing en banc, and a majority of the circuit judges in regular active service
and not disqualified having voted in favor,
       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. Pursuant to
5th Circuit Rule 41.3, the panel opinion in this case dated December 14, 2023,
is VACATED.




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