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Burdine v. Johnson

Citations: 234 F.3d 1339; 2000 U.S. App. LEXIS 31036; 2000 WL 1785536Docket: No. 99-21034

Court: Court of Appeals for the Fifth Circuit; December 4, 2000; Federal Appellate Court

Narrative Opinion Summary

A petition for rehearing en banc has been requested by a member of the Court, leading to a poll among the judges in active service. A majority voted in favor of granting the rehearing en banc. Consequently, the case will be reheard by the court en banc, with oral arguments scheduled for a later date. The Clerk will establish a briefing schedule for the submission of supplemental briefs.

Legal Issues Addressed

Judicial Procedure for En Banc Rehearing

Application: The procedure for en banc rehearing involves a poll among the judges in active service and scheduling of oral arguments and submission of supplemental briefs.

Reasoning: A petition for rehearing en banc has been requested by a member of the Court, leading to a poll among the judges in active service. The Clerk will establish a briefing schedule for the submission of supplemental briefs.

Rehearing En Banc

Application: The legal principle of granting a rehearing en banc is applied when a majority of judges in active service vote in favor of it, allowing the case to be reheard by the full court.

Reasoning: A majority voted in favor of granting the rehearing en banc. Consequently, the case will be reheard by the court en banc, with oral arguments scheduled for a later date.