No. 90-5606.

936 F.2d 789 (1991)

William JONES, Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1991.

Attorney(s) appearing for the Case

Larry R. Daves, San Antonio, Tex., for plaintiff-appellant.

Shelton E. Padgett, Kris J. Bird, Akin, Gump, Strauss, Hauer & Feld, San Antonio, Tex., for defendant-appellee.

Before BROWN, JOHNSON, and WIENER, Circuit Judges.


(Opinion May 29, 1991, 5 Cir., 1991, 931 F.2d 1086)

WIENER, Circuit Judge:

The petition for rehearing of defendant-appellee Roadway Express, Inc. is DENIED.

In urging us to grant a rehearing, Roadway contends that this court misconstrued and misapplied the holding in International Union v. Johnson Controls, Inc., 786 S.W.2d 265 (Tex.1990...

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