Riley v. St. Luke's Episcopal Hospital

              IN THE UNITED STATES COURT OF APPEALS

                      FOR THE FIFTH CIRCUIT
                         _______________

                           No. 97-20948
                         _______________



                         JOYCE RILEY,

                                           Plaintiff-Appellant,

                            VERSUS
            ST. LUKE'S EPISCOPAL HOSPITAL;
 DR. BRANISLAV RADOVANCEVIC; O. HOWARD FRAZIER, M.D.;
          SURGICAL ASSOCIATES OF TEXAS, P.A.;
 UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON;
  BAYLOR COLLEGE OF MEDICINE; TEXAS HEART INSTITUTE;
                          and
                EDWARD K. MASSIN, M.D.,

                                           Defendants-Appellees.

               _________________________

   Appeal from the United States District Court
        for the Southern District of Texas
             _________________________



  (Opinion November 15, 1999, 5 Cir., ___ F.3d
___)
               (November 15, 1999)

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

BY THE COURT:

     The internal procedures of this court require the pre-

circulation, to all non-recused active judges, of a proposed

panel opinion that will create a circuit split.   Those procedures

also allow any active judge to request, before the opinion is

issued, a poll on whether the case should be reheard en banc

after the opinion is issued.

     A member of the court in regular active service having

requested a poll pursuant to that policy, and a majority of the

judges in regular active service having voted in favor of

granting 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
matter.