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INTERNATIONAL TRUCK AND ENGINE CORP. v. BRAY

No. 03-50479.

380 F.3d 231 (2004)

INTERNATIONAL TRUCK AND ENGINE CORPORATION, Plaintiff-Appellant, v. Brett BRAY, In his official capacity as the Director of the Motor Vehicle Division of the Texas Department of Transportation and Chief Executive and Administrative Officer of the Motor Vehicle Board of the Texas Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 2004.

Attorney(s) appearing for the Case

Stephen F. Fink (argued), Bryan Patrick Neal, Thompson & Knight, Dallas, TX, for Plaintiff-Appellant.

Brian E. Berwick, Nancy Elizabeth Olinger, Kristen L. Worman (argued), Asst. Atty. Gens., Austin, TX, for Defendant-Appellee.

Martin D. Beirne, Beirne, Maynard & Parsons, Houston, TX, for Freightliner LLC, Amicus Curiae.

Before KING, Chief Judge, and BENAVIDES and CLEMENT, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

(Opinion June 3, 2004, 5th Cir., 372 F.3d 717)

BENAVIDES, Circuit Judge:

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, we delete footnote 4 from the original panel opinion and substitute the following in its place:

We have jurisdiction to consider this controversy. In a cursory reference at the beginning of his brief, the Director cites...

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