
    FRANKS INVESTMENT COMPANY LLC, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD CO., Defendant-Appellee.
    No. 08-30236.
    United States Court of Appeals, Fifth Circuit.
    March 11, 2009.
    Warren Wayne Harris, Justin Brett Busby, Bracewell & Giuliani, Houston, TX, John M. Madison, Jr., Wiener, Weiss & Madison, Shreveport, LA, Scott C. Sinclair, Sinclair Law Firm, Bossier City, LA, for Plaintiff-Appellant.
    William H. Howard, III, Alissa Jean Allison, Kathlyn G. Perez, Paul Lee Peyronnin, Baker, Donelson, Bearman, Caldwell & Berkowitz, New Orleans, LA, for Defendant-Appellee.
    Appeal from the United States District Court for the Western District of Louisiana; Tom Stagg, Judge.
    ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
    (Opinion July 3, 2008, 5th Cir., 2008, 534 F.3d 443)
    Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, BARKSDALE, GARZA, BENAVIDES, STEWART, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.
    
    
      
      . Judges Wiener and Dennis are recused in this case and did not participate in this decision.
    
   BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.  