# Penn v. Schtlesinger

> Court of Appeals for the Fifth Circuit · December 18, 1973 · 490 F.2d 700

URL: https://www.frixlaw.com/law-library/cases/8892084

## Case

- **Full name:** Willie PENN, Individually, Etc. v. James R. SCHTLESINGER, Individually and as Secretary of Defense, Etc.
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 18, 1973
- **Citations:** 490 F.2d 700; 6 Fair Empl. Prac. Cas. (BNA) 1109; 8 Empl. Prac. Dec. (CCH) 9487; 1973 U.S. App. LEXIS 6398
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Godbold, Morgan, Tuttle
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8892084

## Opinion text

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORN-BERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RON-EY, and GEE, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested a poll on the application 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 the 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8892084. Public record. Not legal advice.