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*1159 ORDERThe appellants’ petition for rehearing is denied by the panel that rendered the decision.
The suggestion for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. A poll was requested and a majority of the active judges voted to deny rehearing en banc. Judges Seymour, Henry, Lucero, and Hartz voted to grant rehearing. Judge Lucero filed a dissent from the denial of rehearing en banc, and he was joined in this dissent by Judge Seymour.
Document Info
Docket Number: No. 04-5042
Citation Numbers: 391 F.3d 1155
Judges: Barrett, Brien, Briscoe, Ebel, Hartz, Henry, Kelly, Lucero, McConnell, Murphy, Seymour, Tacha, Tymkovich
Filed Date: 12/13/2004
Precedential Status: Precedential
Modified Date: 11/2/2022