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HERNANDEZ v. YELLOW TRANSP., INC.

No. 09-10183.

670 F.3d 644 (2012)

Rubin HERNANDEZ; John Ketterer; Abram Trevino, Plaintiffs-Appellants, v. YELLOW TRANSPORTATION, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 9, 2012.

Attorney(s) appearing for the Case

Janette Johnson (argued), Janette Johnson & Associates, Dallas, TX, for Plaintiffs-Appellants.

Shauna Johnson Clark (argued), Fulbright & Jaworski, L.L.P., Houston, TX, Danielle Alexis Clarkson , Fulbright & Jaworski, L.L.P., Dallas, TX, Jaclyn Adele Hermes , Fulbright & Jaworski, L.L.P., Austin, TX, for Defendant-Appellee.

Before CLEMENT, SOUTHWICK and HAYNES, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

No member of the panel nor judge in regular active service having requested that the court be polled on rehearing en banc, the petition for rehearing en banc is DENIED. See Fed. R. App. P. and 5th Cir. R. 35. Treating the petition for rehearing en banc as a petition for panel rehearing, the petition is DENIED. See Internal Operating Procedure to 5th Cir. R. 35. We withdraw our prior opinion, 641 F.3d...

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