ORDER DENYING PETITION FOR REHEARING EN BANC
The petition for rehearing en banc has been considered by the court and is denied by reason of the lack of majority of active judges voting to rehear the case en banc.
LAY, Chief Judge, with whom HEANEY and McMILLIAN, Circuit Judges, join, dissenting.
I dissent from the denial of rehearing en banc. This case presents one of the most important issues we have faced in several...
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