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PLANNED PARENTHOOD ASSOCIATION OF UTAH v. HERBERT

No. 15-4189.

839 F.3d 1301 (2016)

PLANNED PARENTHOOD ASSOCIATION OF UTAH, Plaintiff-Appellant, v. Gary R. HERBERT, in his official capacity as Governor of the State of Utah; Joseph K. Miner, M.D., in his official capacity as Executive Director of the Utah Department of Health, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed October 28, 2016.

Attorney(s) appearing for the Case

Christine T. Greenwood , Jennifer Fraser Parrish , Peggy Ann Tomsic , Magleby, Cataxinos & Greenwood, Salt Lake City, UT, for Plaintiff-Appellant.

Parker Douglas , Tyler R. Green , Stanford E. Purser , Office of the Attorney General for the State of Utah, Salt Lake City, UT, for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, KELLY, BRISCOE, LUCERO, HARTZ, GORSUCH, HOLMES, BACHARACH, PHILLIPS, and MORITZ, Circuit Judges.

ORDER

On July 12, 2016, the original panel opinion issued in this matter. Subsequent to that issuance, a poll was called, sua sponte, to consider en banc rehearing. Upon that consideration, a majority of the active available judges of the court voted to deny. See Fed. R. App. P. 35(a). Chief Judge Tymkovich, as well as Judges Hartz, Gorsuch, and Holmes voted to grant en banc rehearing.

Judge Briscoe...

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