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REVISED 12/15/99
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________
No. 97-20948
_______________
JOYCE RILEY,
Plaintiff-Appellant,
versus
ST. LUKE'S EPISCOPAL HOSPITAL;
DR. BRANISLAV RADOVANCEVIC; O. HOWARD FRAZIER, M.D.;
SURGICAL ASSOCIATES OF TEXAS, P.A.;
UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON;
BAYLOR COLLEGE OF MEDICINE; TEXAS HEART INSTITUTE;
and
EDWARD K. MASSIN, M.D.,
Defendants-Appellees.
_________________________
Appeal from the United States District Court
for the Southern District of Texas
_________________________
(Opinion November 15, 1999, 5 Cir., ___ F.3d ___)
November 15, 1999
Before JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE,
EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, and DENNIS,
Circuit Judges.*
*Chief Judge King is recused and did not participate in this
matter.

BY THE COURT:
The internal policies of this court provide for the
pre-circulation, to all non-recused active judges, of a proposed
panel opinion that will create a circuit split. Those policies
also allow any active judge to request, before the opinion is
issued, a poll on whether the case should be reheard en banc after
the opinion is issued.
A member of the court in regular active service having
requested a poll pursuant to that policy, and a majority of the
judges in regular active service having voted in favor of granting
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.