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HUFFMAN v. UNION PACIFIC R.R.

No. 09-40736.

683 F.3d 619 (2012)

Harold E. HUFFMAN, Plaintiff-Appellee, v. UNION PACIFIC RAILROAD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 7, 2012.

Attorney(s) appearing for the Case

J. Kirkland Sammons (argued), Sammons & Berry, P.C., John Gus Zgourides , Sr. Trial Atty., Sammons & Associates, P.C., Houston, TX, for Plaintiff-Appellee.

Harry Alston Johnson, III (argued), Phelps Dunbar, L.L.P., Baton Rouge, LA, William David George , Mainess Gibson , Connelly, Baker, Wotring, L.L.P., Houston, TX, for Defendant-Appellant.

Prior report: .

ON PETITION FOR REHEARING EN BANC

PER CURIAM:

The court having been polled at the request of one of the members of the court, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R.App. P. 35 and 5th Cir. R. 35), the petition for rehearing en banc is DENIED.

In the en banc poll, 3 judges voted in favor of rehearing (Dennis, Elrod, and Graves...

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