The opinion
Case: 21-60312 Document: 00516877242 Page: 1 Date Filed: 08/29/2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
___________
August 29, 2023
No. 21-60312 Lyle W. Cayce
___________ Clerk
Jackson Municipal Airport Authority; Board of
Commissioners of the Jackson Municipal Airport
Authority, each in his or her official capacity as a Commissioner on the
Board of Commissioners of the Jackson Municipal Airport Authority; Doctor
Rosie L. T. Pridgen, in her official capacity as a Commissioner on the
Board of Commissioners of the Jackson Municipal Airport Authority;
Reverend James L. Henley, Jr., in his official capacity as a
Commissioner on the Board of Commissioners of the Jackson Municipal Airport
Authority; LaWanda D. Harris, in her official capacity as a
Commissioner on the Board of Commissioners of the Jackson Municipal Airport
Authority; Vernon W. Hartley, Sr., in his official capacity as a
Commissioner on the Board of Commissioners of the Jackson Municipal Airport
Authority; Evelyn O. Reed, in her official capacity as a Commissioner on
the Board of Commissioners of the Jackson Municipal Airport Authority;
Doctor Rosie L. T. Pridgen, individually as citizens of the City of
Jackson, Mississippi, on behalf of themselves and all others similarly situated;
LaWanda D. Harris, individually as citizens of the City of Jackson,
Mississippi, on behalf of themselves and all others similarly situated; Vernon
W. Hartley, Sr., individually as citizens of the City of Jackson,
Mississippi, on behalf of themselves and all others similarly situated; Evelyn
O. Reed, individually as citizens of the City of Jackson, Mississippi, on behalf
of themselves and all others similarly situated; James L. Henley, Jr.,
individually as citizens of the City of Jackson, Mississippi, on behalf of
themselves and all others similarly situated,
Intervenors—Appellees,
versus
Josh Harkins; Dean Kirby; Phillip Moran; Chris
Case: 21-60312 Document: 00516877242 Page: 2 Date Filed: 08/29/2023
No. 21-60312
Caughman; Nickey Browning; John A. Polk; Mark Baker;
Alex Monsour,
Respondents—Appellants.
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:16-CV-246
______________________________
ON PETITION FOR REHEARING EN BANC
(Opinion May 10, 2023, 5 Cir., 2023, 67 F.4th 678, Withdrawn)
(Opinion August 25, 2023, 5 Cir., 2023, WL 5522213)
Before Richman, Chief Judge, and Jones, Smith, Stewart,
Elrod, Haynes, Higginson, Willett, Ho, Duncan,
Engelhardt, Oldham, and Douglas, Circuit Judges.
Per Curiam:
A member of the court having requested a poll on the petition for
rehearing en banc, and a majority of the circuit judges in regular active service
and not disqualified having voted in favor,
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. Pursuant to
5th Circuit Rule 41.3, the panel opinion in this case dated August 25, 2023, is
VACATED.
Judges Leslie H. Southwick, James E. Graves, Jr., and Cory T.
Wilson did not participate in the consideration of the rehearing en banc.
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