Comer v. Murphy Oil USA

ORDER:

This case was voted en banc by a duly constituted quorum of the court consisting of nine members in regular active service who are not disqualified. Fed. R.App. P. 35(a); 28 U.S.C. § 46(d).

The grant of rehearing en banc in this case “vacate[d] the panel opinion and judgment of the court and stay[ed] the-mandate.” 5th Cir. R. 41.3.; see also Thompson v. Connick, 578 F.3d 293 (5th Cir.2009) (en banc) (same).

After the en banc court was properly constituted, new circumstances *1054arose that caused the disqualification and recusal of one of the nine judges, leaving only eight judges in regular…