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McLAUGHLIN v. SEAFOOD, INC.

No. 87-4762.

867 F.2d 875 (1989)

Ann McLAUGHLIN, Secretary of Labor, U.S. Dept. of Labor, Plaintiff-Appellant, v. SEAFOOD, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 2, 1989.

Attorney(s) appearing for the Case

George R. Salem, Sol., U.S. Dept. of Labor, Robert A. Fitz, Dallas, Tex., for plaintiff-appellant.

Ellen R. Edmond, Linda Jan S. Pack, U.S. Dept. of Labor, Washington, D.C., for Dennis E. Whitfield.

Marc Linder, Texas Rural Legal Aid, Inc., Weslaco, Tex., for amicus curaie, Jesus Barrera.

G. Michael Pharis, Thomas R. Peak, Baton Rouge, La., for defendants-appellees.

Before THORNBERRY, RUBIN, and HIGGINBOTHAM, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC.

(Opinion Dec. 12, 1988, 5th Cir.1988, 861 F.2d 450)

PER CURIAM:

The application for rehearing having been considered, the court's original opinion is modified as follows:

The first paragraph beginning on slip opinion page 949 [861 F.2d at 452] and the succeeding paragraph are withdrawn, and the following two paragraphs are substituted:

We review this balancing...

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