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BENSON v. ST. JOSEPH REGIONAL HEALTH CENTER

No. 07-20726.

581 F.3d 243 (2009)

Royal BENSON, M.D.; Benson OB/GYN Center, P.A., Plaintiffs-Appellants, v. ST. JOSEPH REGIONAL HEALTH CENTER; St. Joseph Health System; Franciscan Services Corporation; Sisters of St. Francis of Sylvania, Ohio; Betty G. Acker, M.D.; Daniel Buche; Dr. Thomas W. Davis, Jr.; Dr. Daniel B. Dawson; Dr. David R. Doss; Dr. Robert H. Emmick, Jr.; Gretchen Kunz; Dr. G. Mark Montgomery; R.N. Myesha Nichols-Turner; Dr. William F. Price; Alan C. Smith; Kathleen A. Thomas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 27, 2009.

Attorney(s) appearing for the Case

Gaines F. West (argued), West, Webb, Allbritton & Gentry, College Station, TX, for Plaintiffs-Appellants.

Robert L. Hargett, Davis & Wilkerson, Austin, TX, for St. Joseph Regional Health Ctr., St. Joseph Health System, Franciscan Services Corp., Sisters of St. Francis of Sylvania, OH, Buche, Kunz, Montgomery, Nichols-Turner, Smith and Thomas.

Daryl G. Dursum (argued), Adams & Reese, Houston, TX, for Acker, Davis, Dawson, Doss, Emmick and Price.

Before KING, STEWART and SOUTHWICK, 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 nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (FED. R.APP. P. and 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED.

ON PETITION FOR REHEARING

The petition for rehearing is denied. We have considered all of the arguments...

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