On consideration of the petition for rehearing with suggestion for rehearing en banc filed in the above-captioned case by petitioner-appellee, all of the judges on the original panel have voted to deny and a majority of active judges has voted not to rehear en banc. Judge Ilana Diamond Rovner dissented from the denial of the petition for rehearing en banc and filed an opinion which was joined by Judge Diane P. Wood.
The petition for rehearing is DENIED.
ROVNER...
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