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AT&T Universal Card Service v. Mercer

Citation: 246 F.3d 391Docket: 98-60693

Court: Court of Appeals for the Fifth Circuit; July 17, 2000; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A petition for rehearing en banc regarding the case of Constance P. Mercer vs. AT&T Universal Card Services has been granted by the Fifth Circuit Court of Appeals. This decision follows a request from an active member of the Court for a poll, which resulted in a majority favoring the rehearing. The case will be reexamined with oral arguments scheduled for a future date. The Clerk of the Court will set a timeline for the submission of additional briefs. Notably, Chief Judge King is recused from participating in this matter.

Legal Issues Addressed

Judicial Recusal

Application: Chief Judge King has recused from participating in the case, illustrating the principle of judicial recusal where a judge abstains from a case due to potential conflicts of interest or bias.

Reasoning: Notably, Chief Judge King is recused from participating in this matter.

Oral Arguments and Brief Submission

Application: The court has scheduled oral arguments and set a timeline for additional briefs, reflecting procedural steps following the granting of a rehearing en banc.

Reasoning: The case will be reexamined with oral arguments scheduled for a future date. The Clerk of the Court will set a timeline for the submission of additional briefs.

Rehearing En Banc Procedure

Application: The Fifth Circuit Court of Appeals granted a rehearing en banc after a majority of judges favored the rehearing request, demonstrating the process for addressing potentially significant legal issues.

Reasoning: A petition for rehearing en banc regarding the case of Constance P. Mercer vs. AT&T Universal Card Services has been granted by the Fifth Circuit Court of Appeals.