Herron v. Heckler, 85-1192

• Decision Date: 11 October 1985
• Docket Number: No. 85-1192,85-1192
• Citation: 775 F.2d 603
• Parties: David C. HERRON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-Appellee. Summary Calendar.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 603

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.

A panel rehearing is GRANTED and we VACATE our unpublished decision of August 27, 1985 in the above-captioned case.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).