David C. Herron v. Margaret M. Heckler, Secretary of Health & Human Services
Opinion
775 F.2d 603
David C. HERRON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-Appellee.
No. 85-1192
Summary Calendar.
United States Court of Appeals, Fifth Circuit.
Oct. 11, 1985.
Carl Weisbrod, Dallas, Tex., for plaintiff-appellant.
James A. Rolfe, U.S. Atty., Charles N. Ory, Asst. U.S. Atty., Dallas, Tex., Ms. Gayla Fuller, Acting Reg. Atty., Office of Gen. Counsel, Dept. of Health & Human Service, Karen J. Behner, Atty., Dallas, Tex., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Texas, A. Joe Fish, District Judge, Presiding.
Before REAVLEY and TATE, Circuit Judges. *
OPINION
TATE, Circuit Judge.
1
A panel rehearing is GRANTED and we VACATE our unpublished decision of August 27, 1985 in the above-captioned case. The matter will be resubmitted to the panel upon the record and briefs previously filed and the supplementary briefs requested October 10, 1985.
* Due to his absence from the country, Judge Hill did not participate in this decision. The case is being decided by a quorum. 28 U.S.C. Sec. 46 (d)
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