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Revised October 21, 1998
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________
No. 96-30489_______________
JAMES E. ALLISON, et al.,
Plaintiffs-Appellants,
JONATHAN ANDERSON, et al.,
Intervenors-
Plaintiffs-Appellants,
VERSUS
CITGO PETROLEUM CORP.,
Defendant-Appellees,
_________________________
Appeal from the United States District Court
for the Western District of Louisiana
_________________________
October 2, 1998
ON SUGGESTION FOR REHEARING EN BANC
(Opinion 8/18/98, 5 Cir., 151 F.3d 402)
Before JOLLY, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
* Judge Duhé is recused and did not participate in the consideration of the
suggestion for rehearing en banc.

Treating the suggestion for rehearing en banc as a petition
for panel rehearing, the petition for panel rehearing is DENIED.
In denying rehearing, the panel majority makes the following
observation: The trial court utilized consolidation under rule 42
rather than class certification under rule 23 to manage this case.
We review that decision for abuse of discretion and we find no
abuse in this case. We are not called upon to decide whether the
district court would have abused its discretion if it had elected
to bifurcate liability issues that are common to the class and to
certify for class determination those discrete liability issues.
Judge Dennis dissents from the denial of panel rehearing.
The court having been polled at the request of one of its
members and a majority of the judges who are in regular active
service not having voted in favor (see FED. R. APP. P. 35, 5TH CIR.
R. 35), the suggestion for rehearing en banc is DENIED.
2