On Reconsideration by the Court In Banc Dissent: September 28, 2000.
A request for a vote as to whether the panel decision should be reconsidered sua sponte by the Court in banc having been made by a judge of the Court, and a poll of the judges in regular active service having been taken, a majority of the Court has voted not to reconsider the decision in banc. The mandate shall therefore issue. Judges Leval, Calabresi and Sotomayor dissent.
Judge CALABRESI...
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