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McCarthy v. Hawkins

Citation: 391 F.3d 676Docket: No. 03-50608

Court: Court of Appeals for the Fifth Circuit; November 18, 2004; Federal Appellate Court

Narrative Opinion Summary

The Petition for Rehearing En Banc has been treated as a Petition for Panel Rehearing, which has been denied. The decision followed a poll of the judges, with a majority of the judges in regular active service voting against the rehearing. Consequently, both the Petition for Rehearing En Banc and the Petition for Panel Rehearing are denied.

Legal Issues Addressed

Denial of Petition for Panel Rehearing

Application: The petition for panel rehearing was treated separately but was also denied by the court.

Reasoning: The Petition for Rehearing En Banc has been treated as a Petition for Panel Rehearing, which has been denied.

Denial of Petition for Rehearing En Banc

Application: The court denied the petition for rehearing en banc after conducting a poll of the judges, with the majority voting against it.

Reasoning: The decision followed a poll of the judges, with a majority of the judges in regular active service voting against the rehearing.