RIPPLE, Circuit Judge, with whom ILANA DIAMOND ROVNER, DIANE P. WOOD and WILLIAMS, Circuit Judges, join, dissenting from the denial of rehearing en banc.
Federal Rule of Appellate Procedure 35 explains that rehearing should be granted when "(1) en banc consideration is necessary to secure or maintain uniformity of the court's decisions" or "(2) the proceeding involves a question of exceptional importance." Both of these disjunctively-stated criteria in Rule 35 —...
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