Appeal from the United States District Court for the Southern District of Texas, McAllen (Opinion March 14, 2013, 5 Cir., 2013, 711 F.3d 508).
Before STEWART, Chief Judge, KING, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges.
A majority of the circuit judges in regular active service and not disqualified having voted in favor to rehear this case en banc,
IT IS ORDERED that this cause shall be reheard by the court en banc without oral argument on a date hereafter to be fixed. Briefing instructions ...