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NEWPARK SHIPBUILDING & REPAIR, INCORPORATED v. ROUNDTREE

No. 81-4308.

706 F.2d 502 (1983)

NEWPARK SHIPBUILDING & REPAIR, INCORPORATED and American Home Assurance Company, Petitioners, v. James P. ROUNDTREE and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

May 18, 1983.

Attorney(s) appearing for the Case

E.D. Vickery, Houston, Tex., for petitioners.

Stephen Vaughan, Houston, Tex., for Roundtree.

T. Timothy Ryan, Sol., Laurie M. Streeter, Assoc. Sol., Mark C. Walters, Marianne Demetral Smith, U.S. Dept. of Labor, Washington, D.C., for respondents.

Benefit Review Board, Washington, D.C., for other interested parties.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, GARZA, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGIN-BOTHAM, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion February 22, 1983, 5 Cir., 1982, 698 F.2d 743)

BY THE COURT:

A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the cause shall be reheard by the Court en banc with oral argument on a date...

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