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ORDER
Judge Bybee has voted to grant the petition for rehearing en banc. Judges
*1099 Canby and Quackenbush have recommended denial of en bane rehearing.The petition for en banc rehearing has been circulated to the full court. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonre-cused active judges in favor of en banc consideration. Fed R.App. P. 35.
The petition for rehearing en banc is denied.
Document Info
Docket Number: 06-70868
Judges: Bea, Canby, Bybee, Quackenbush
Filed Date: 3/27/2009
Precedential Status: Precedential
Modified Date: 11/5/2024