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NEWMAN v. PLAINS ALL AMERICAN PIPELINE, L.P.

No. 21-50253.

44 F.4th 251 (2022)

Kenneth NEWMAN, individually and, on behalf of All Others Similarly Situated, Plaintiff-Appellee, Cypress Environmental Management-TIR, L.L.C., Intervenor-Appellee, v. PLAINS ALL AMERICAN PIPELINE, L.P., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 5, 2022.

Attorney(s) appearing for the Case

Richard J. Burch , Andrew Wells Dunlap , Julianne Lomax , Josephson Dunlap Law Firm, Houston, TX, for Plaintiff-Appellee.

Rachel Cowen , Counsel, McDermott Will & Emery, L.L.P., Chicago, IL, Nicole Figueroa , McDermott Will & Emery, L.L.P., Dallas, TX, for Intervenor-Appellee.

Mark Douglas Temple, Esq. , Paul Michael Knettel , Peter Justin Stuhldreher, Esq. , Baker & Hostetler, L.L.P., Houston, TX, for Defendant-Appellant.

Before King, Costa, and Willett, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

Treating the petition for rehearing en banc as a petition for panel rehearing (5TH CIR. R. 35 I.O.P.), the petition for panel rehearing is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor...

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