No. 04-11473.

436 F.3d 468 (2006)

Rudy RODRIGUEZ, Plaintiff-Appellant, v. CONAGRA GROCERY PRODUCTS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 2006.

Attorney(s) appearing for the Case

Donald Edward Uloth (argued), Uloth & Peavler, Dallas, TX, for Rodriguez.

Arthur Tracy Carter (argued), Haynes & Boone, Dallas, TX, Helen Liu Thigpen, Haynes & Boone, Richardson, TX, for ConAgra Grocery Products Co.

Gail S. Coleman (argued), EEOC, Washington, DC, for EEOC, Amicus Curiae.

Daniel B. Kohrman, AARP, Washington, DC, for AARP, Advocacy, Inc., Am. Diabetes Ass'n and Coalition of Texans with Disabilities, Amici Curiae.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

Treating the Petition for Rehearing En Banc filed by ConAgra Grocery Products Co. as a Petition for Panel Rehearing, the Petition for Panel Rehearing is GRANTED, the prior panel opinion, Rodriguez v. ConAgra Grocery Products Co., No. 04-11473 (5th Cir. filed Nov. 14, 2005) is hereby withdrawn, and this opinion is substituted therefor. As no member of this panel, nor judge in regular active service of the court, has requested that the...

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