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AUSTIN v. KROGER TEXAS L.P.

No. 12-10772.

746 F.3d 191 (2014)

Randy J. AUSTIN, Plaintiff-Appellant, v. KROGER TEXAS L.P., doing business as Kroger Store #209, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 2014.

Attorney(s) appearing for the Case

Matthew J. Kita , Dallas, TX, for Plaintiff-Appellant.

Donna C. Peavler , Bryan Kyle Briscoe , Peavler Group, Dallas, TX, for Defendant-Appellee.

Brian A. Sheguit , Bassett Law Firm, Dallas, TX, for Amicus Curiae Mission Petroleum Carriers, Inc.

Deborah Johnson Race ,? Ireland, Carroll & Kelley, P.C., Tyler, TX, for Amici Curiae Brookshire Grocery Co., QuikTrip Corp., Daryl Flood, Inc.

Before ELROD and HIGGINSON, Circuit Judges, and JACKSON, District Judge.

PER CURIAM:

The original opinion in this matter was filed on September 27, 2013. Austin v. Kroger Texas L.P., 731 F.3d 418 (5th Cir. 2013). A petition for rehearing en banc is currently pending before the court. We deny the petition, withdraw our previous opinion, and substitute the following.

Randy J. Austin asserts three claims — gross negligence, ordinary negligence, and premises liability —...

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