Louisiana ex rel. Guste v. M/V Testbank

No. 82-3059 (5th Cir. May 14, 1984)

The court orders a rehearing en banc of a maritime tort case.

[The three-judge panel had held, 14 ELR 20397, that business persons could not recover profits lost as a result of a toxic chemical spill where neither they nor their property suffered any physical damage — Ed.]

Counsel are listed at 14 ELR 20397.

Before Clark, Brown, Wisdom, Gee, Rubin, Reavley, Politz, Randall, Tate, Johnson, Williams, Garwood, Jolly, Higginbotham, and Davis, JJ.

[14 ELR 20521]

Per curiam:

On Suggestions for Rehearing En Banc

A member of the Court in active service having requested a poll on the applications 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 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.