Opinion · Court of Appeals for the Fifth Circuit

The Estate of Mary Frances Smith Bright, Deceased, by H. R. Bright, Independent v. United States

628 F.2d 307

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1980-10-02
Topic
estate-planning

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJO-FLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POL-ITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK, and WILLIAMS, 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.

Citator

UpLaw has not yet analyzed The Estate of Mary Frances Smith Bright, Deceased, by H. R. Bright, Independent v. United States. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
ESTATE OF BRIGHT v. UNITED STATES,628 F.2d 307(5th Cir. 1980)
THE ESTATE OF MARY FRANCES SMITH BRIGHT, DECEASED, BY H. R. BRIGHT,
INDEPENDENT EXECUTOR, PLAINTIFF-APPELLEE, v. UNITED STATES OF AMERICA,
DEFENDANT-APPELLANT.
No. 78-2221.
United States Court of Appeals, Fifth Circuit.
October 2, 1980.
M. Carr Ferguson, Asst. Atty. Gen., Philip I. Brennan, Richard W. Perkins, Gilbert E. Andrews, Acting Chief, Tax Division, U.S.Page 308Dept. of Justice, Washington, D.C., for defendant-appellant.

Thompson, Knight, Simmons Bullion, J. W. Bullion, Emily A. Parker, Payne Spradley, Robert B. Payne, Dallas, Tex., for plaintiff-appellee.

Robert Edwin Davis, Rodney J. Owens, Dallas, Tex., Graves, Dougherty, Hearon Moody, J. Chrys Dougherty, Austin, Tex., J. Lyndell Kirkley, Fort Worth, Tex., B. Hunter Loftin, Carl G. Mueller, Jr., Marvin K. Collie, Houston, Tex., J. David Tracy, Fort Worth, Tex., Vester T. Hughes, Jr., Dallas, Tex., C. W. Wellen, Fulbright Jaworski, Houston, Tex., amicus curiae.
Appeal from the United States District Court for the Northern District of Texas; Robert W. Porter, Judge.
[1]ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
[2] (Opinion June 18, 1980, 5 Cir., 1980,619 F.2d 407).
Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK, and WILLIAMS, Circuit Judges.
BY THE COURT:
[3] 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,

[4] 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.