Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 91-3766
_____________________
BETTY U. CHIASSON,
Plaintiff-Appellant,
VERSUS
ZAPATA GULF MARINE CORPORATION,
Defendant-Appellee.
________________________________________________
Appeals from the United States District Court
for the Eastern District of Louisiana
________________________________________________
(September 17, 1993)
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion 03/31/93, 5 Cir., 1993, 988 F.2d 513)
Before JONES, and BARKSDALE, Circuit Judges, and JUSTICE*, District
Judge.
PER CURIAM:
The Petition for Rehearing is DENIED and no member of this
panel nor Judge in regular active service on the Court having
requested that the Court be polled on rehearing en banc, (Federal
Rules of Appellate Procedure and Local Rule 35) the Suggestion for
Rehearing En Banc is DENIED. Petitioner and amici read our opinion
too broadly. We simply hold that the surveillance evidence should
have been disclosed during discovery because it was not used solely
for impeachment as the local rule requires. The impeaching value
of the evidence was minimal, whereas the evidence was probative on
*
District Judge for the Eastern District of Texas, sitting by
designation.