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PINEDA v. UNITED PARCEL SERVICE, INC.

No. 03-50268.

360 F.3d 483 (2004)

Lorenzo PINEDA, III, Plaintiff-Appellee. v. UNITED PARCEL SERVICE, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 15, 2004.

Attorney(s) appearing for the Case

Robert Louis Blumenfeld, Mendel & Blumenfeld, El Paso, TX, for Plaintiff-Appellee.

Michael Vincent Galo, Jr., Christine Elaine Reinhard, David Montgomery Evans, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, for Defendant-Appellant.

Before DAVIS and EMILIO M. GARZA, Circuit Judges, and LITTLE, District Judge.

EMILIO M. GARZA, Circuit Judge:

United Parcel Services' petition for rehearing is GRANTED. The opinion of the court issued on December 30, 2003, at 353 F.3d 414 (5th Cir.2003), is withdrawn, and the following is substituted:

Lorenzo Pineda III brought this retaliation suit under the Texas Commission on Human Rights Act alleging that United Parcel Services ("UPS") terminated his employment...

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