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SAMBRANO v. UNITED AIRLINES, INCORPORATED

No. 21-11159.

45 F.4th 877 (2022)

David SAMBRANO, on their own behalf and on behalf of all others similarly situated; David Castillo, on their own behalf and on behalf of all others similarly situated; Kimberly Hamilton, on their own behalf and on behalf of all others similarly situated; Debra Jennefer Thal Jonas, on their own behalf and on behalf of all others similarly situated; Genise Kincannon, on their own behalf and on behalf of all others similarly situated; Seth Turnbough, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. UNITED AIRLINES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 18, 2022.

Attorney(s) appearing for the Case

Gene C. Schaerr , H. Christopher Bartolomucci, Esq. , Brian Field , Mark R. Paoletta , Joshua James Prince , Schaerr Jaffe, L.L.P., Washington, DC, John Clay Sullivan , SL Law, P.L.L.C., Cedar Hill, TX, Robert C. Wiegand , Stewart Wiegand & Owens, P.C., Dallas, TX, for Plaintiffs-Appellants.

Hashim M. Mooppan , Donald James Munro, Esqs. , Jones Day, Washington, DC, Russell Daniel Cawyer , Kelly, Hart & Hallman, L.L.P., Fort Worth, TX, Alexander Virgil Maugeri , Jones Day, New York, NY, Esteban Shardonofsky, Esq. , Seyfarth Shaw, L.L.P., Houston, TX, for Defendant-Appellee.

Andrew Layton Schlafly , Far Hills, NJ, for Amicus Curiae Association of American Physicians & Surgeons.

Before Smith, Elrod, and Oldham, Circuit Judges.

ON PETITION FOR REHEARING EN BANC.

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. See 5th Cir. R. 35 I.O.P. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled and a majority...

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