Vega v. National Life Ins. Services Inc.

Decision Date01 February 1999
Docket NumberNo. 97-20645,97-20645
PartiesVilma Lisette VEGA; Jose Vega, Plaintiffs-Appellants, v. NATIONAL LIFE INSURANCE SERVICES INC.; et al., Defendants, Pan-American Life Insurance Company, Defendant-Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

Ivar Nelson Heggen, Houston, TX, for Plaintiffs-Appellants.

Reagan Mark Brown, David Jack Levy, Fulbright & Jaworski, Houston, TX, for Pan-American Life Ins. Co.

Appeal from the United States District Court for the Southern District of Texas; Lynn N. Hughes, Judge.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion June 30, 1998, 5 Cir., 1998, 145 F.3d 673)

Before POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges. *

BY THE COURT:

A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a 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.

* Chief Judge King is recused and did not participate in this decision.

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2 cases
  • Vega v. Nat'l Life Ins. Serv.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 1, 1999
    ...text of affidavits and treating testimony as relevant evidence for summary judgment purposes), reh'g en banc granted and vacated, 167 F.3d 197 (5th Cir. 1999). II The first issue we must address is whether the federal courts have jurisdiction under ERISA to hear this appeal. The Vegas conte......
  • Dew v. Metropolitan Life Ins. Co., Civ.A. H-98-4136.
    • United States
    • U.S. District Court — Southern District of Texas
    • September 17, 1999
    ...Services, Inc., 145 F.3d 673 (5th Cir.1998). The Fifth Circuit, however, had granted rehearing en banc in the Vega case. Vega, 167 F.3d 197 (5th Cir. 1999). As a result, the Court stayed consideration of Met Life's Motion until the Fifth Circuit's en banc decision in Vega was released and t......

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