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ABRAHAM v. ALPHA CHI OMEGA

No. 12-10525.

708 F.3d 614 (2013)

Thomas Kenneth ABRAHAM, doing business as Paddle Tramps Manufacturing Company, Plaintiff-Appellant Cross-Appellee v. ALPHA CHI OMEGA; Alpha Chi Omega Fraternity Incorporated; Alpha Delta Pi; Alpha Delta Sorority Corporation; Alpha Gamma Delta; et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

February 7, 2013.

Attorney(s) appearing for the Case

Jeffrey Scott Levinger , Levinger, P.C., Elizann Carroll , Molly Buck Richard , Richard Law Group, Dallas, TX, for Plaintiff-Appellant Cross-Appellee.

Jack Allen Wheat , Lindsay Yeakel Capps , Stites & Harbison, P.L.L.C., Louisville, KY, David Ronald Reneker , Munsch, Hardt, Kopf & Harr, P.C., Dallas, TX, for Defendants-Appellees Cross-Appellants.

Before JONES, GARZA, and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The original opinion in this case was issued by the panel on December 6, 2012. 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. 35 and 5TH CIR. R. 35), the petition for rehearing en banc is DENIED.

Because this panel has revised Part IV.A of their prior opinion, the petition for panel rehearing is GRANTED in part. The following...

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