
    In the Matter of: SUPREME BEEF PROCESSORS, INC., Debtor. Stephen Zayler, Trustee of the Estate of Supreme Beef Processors, Inc., Appellant, v. Department of Agriculture; United States of America, Appellees.
    No. 03-41345.
    United States Court of Appeals, Fifth Circuit.
    March 9, 2006.
    Deborah Johnson Race (argued), Ireland, Carroll & Kelley, Tyler, TX, for Zay-ler.
    Mark Bernard Stern, Dana Joan Martin, App. Staff (argued), U.S. Dept, of Justice, Civ. Div., Washington, DC, for Appellees.
    
      
      . Judge King is recused and did not participate in this decision.
    
   ON PETITION FOR REHEARING EN BANC

(Opinion Nov. 16, 2004, 5 Cir., 2004, 391 F.3d 629)

Before JONES, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and OWEN, Circuit Judges.

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.  