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HUSS v. GAYDEN

No. 04-60962.

585 F.3d 823 (2009)

Barbara HUSS; Rodney Huss, Plaintiffs-Appellees, v. John Overton GAYDEN, M.D.; Memphis Obstetrics and Gynecological Association PC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Revised October 15, 2009.

Attorney(s) appearing for the Case

Ralph E. Chapman, Chapman, Lewis & Swan, Clarksdale, MS, John H. Daniels, III, Dyer, Dyer, Jones & Daniels, Greenville, MS, Jane Horne Myers Virden, Chapman, Lewis & Swan, Madison, MS, for Barbara and Rodney Huss.

Mark Priestly Caraway, Meta S. Copeland, Wise, Carter, Child & Caraway, Jackson, MS, for Defendants-Appellants.

Before HIGGINBOTHAM, DeMOSS and OWEN, Circuit Judges.

ON PETITION FOR REHEARING AND REHEARING EN BANC

(Opinion June 10, 2009, 5th Cir., 571 F.3d 442)

PER CURIAM:

The Petition for Panel Rehearing is DENIED. Judge Higginbotham dissents from the panel's denial of rehearing.

The court was polled at the request of one of the members of the court. A majority of the judges who are in regular active service and not disqualified not having voted in favor of rehearing...

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