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WOOTEN v. McDONALD TRANSIT ASSOCIATES, INC.

No. 13-11035.

788 F.3d 490 (2015)

Eddie WOOTEN, Plaintiff-Appellee, v. McDONALD TRANSIT ASSOCIATES, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 2015.

Attorney(s) appearing for the Case

Joseph Craig Johnston , Attorney (argued), Johnston & Miller, Lubbock, TX, for Plaintiff-Appellee.

David B. Dowell , Timothy Derek Carson , Jennifer Bley Sweeny , Stephen Lyle Tatum, Sr. (argued), Cantey Hanger, L.L.P., Fort Worth, TX, for Defendant-Appellant.

Before SMITH, WIENER, and PRADO, Circuit Judges.

Treating the petition for rehearing en banc as a petition for panel rehearing, see Internal Operating Procedure accompanying 5th CIR. R. 35, the petition for panel rehearing is GRANTED.

We previously issued an opinion assessing whether evidence adduced at a default-judgment "prove-up" hearing can cure...

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