IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 18-30652 FILED February 24, 2020 Lyle W. Cayce JAMES A. LATIOLAIS, Clerk

Plaintiff – Appellee v. HUNTINGTON INGALLS, INCORPORATED, formerly known as Northrop Grumman Shipbuilding, Incorporated, formerly known as Northrop Grumman Ship Systems, Incorporated, formerly known as Avondale Industries, Incorporated,

Defendant – Appellant

Appeal from the United States District Court for the Eastern District of Louisiana

ON PETITION FOR REHEARING EN BANC Before OWEN, Chief Judge, and JONES, SMITH, STEWART, DENNIS, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINS