Armando Gonzalez v. Southern Pacific Transportation Company

ON PETITION FOR REHEARING

(Opinion March 28, 1985, 5th Cir.1985, 755 F.2d 1179).

Before RUBIN, TATE, and HILL, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

While the suggestion for rehearing en banc was pending following the publication *639of our opinion,1 Gonzalez pursued his administrative remedies to culmination by arbitration. The arbitrator resolved the sole factual issue on which we had intended to remand the ease and ordered Gonzalez reinstated. Although the arbitrator’s conclusions neither moot nor estop Gonzalez’s claims in this court, they do raise the question whether we should defer to…