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BERGER v. COMPAQ COMPUTER CORP.

No. 00-20875.

279 F.3d 313 (2002)

Mark BERGER, etc., et al., Plaintiffs, Mark Berger, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellee, v. COMPAQ COMPUTER CORPORATION, et al., Defendants, Compaq Computer Corporation; Eckhard Pfeiffer; Earl L. Mason; John T. Rose; John W. White; Robert W. Stearns; Michael Winkler; Thomas J. Perkins; J. David Cabello; Michael Heil; Gregory E. Petsch; Kenneth L. Lay; Benjamin Rosen; and Rodney Schrock, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 14, 2002.

Attorney(s) appearing for the Case

Thomas Emerson Bilek, Hoeffner, Bilek & Eidman, Houston, TX, Jules H. Brody, Stull, Stull & Brody, David A. Brower (argued), Jeffrey G. Smith, Wolf, Haldenstein, Adler, Freeman & Herz, New York City, for Plaintiff-Appellee.

John Loyd Carter, Vinson & Elkins, Houston, TX, Daniel F. Kolb (argued), William E. Wurtz, Michael S. Flynn, Davis, Polk & Wardwell, New York City, for Defendants-Appellants.

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. No member of the panel or judge in regular active service having requested that the court be polled on rehearing en banc, see FED. R.App. P. 35; 5TH CIR. R. 35, the petition for rehearing en banc is DENIED.

In support of their petition for rehearing, plaintiffs urge that we have created an additional, independent requirement...

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