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WASTE CONTROL SPECIALISTS v. ENVIROCARE OF TEXAS

No. 98-50952.

207 F.3d 225 (2000)

WASTE CONTROL SPECIALISTS, LLC, Plaintiff-Appellant, v. ENVIROCARE OF TEXAS, INC.; et al., Defendants, Envirocare of Texas, Inc.; Envirocare of Utah, Inc.; Khosrow B. Semnani; Charles A. Judd; Frank C. Thorley, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 2000.

Attorney(s) appearing for the Case

Sidney Katherine Powell, Powell & Associates, Dallas, TX, Deborah Ann Pearce-Reggio, River Ridge, LA, for Plaintiff-Appellant.

Roy Q. Minton, Martha S. Dickie, Minton, Burton, Foster & Collins, Austin, TX, Richard Dolman Davis, Jr., Cotton, Bledsoe, Tighe & Dawson, Midland, TX, Don C. Lewis, Verner, Liipfert, Bernhard, McPherson & Hand, Washington, DC, for Defendants-Appellees.

Before REYNALDO G. GARZA, JOLLY and WIENER, Circuit Judges.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC.

(Opinion Jan. 18, 2000, 5th Cir., 2000, 199 F.3d 781)

E. GRADY JOLLY, Circuit Judge:

The appellees' ("Envirocare") Petition for Panel Rehearing is GRANTED. Part IV of the Opinion is withdrawn and the following section is substituted therefore. In all other respects, the Petition for Panel Rehearing is Denied. Furthermore, no member of this panel nor judge in regular...

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