ORDER
The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied.
Chief Judge LOKEN, Judge COLLOTON and Judge GRUENDER would grant the petition for rehearing en banc.
Judge SMITH and Judge SHEPHERD did not participate in the consideration or decision of this matter.
COLLOTON, Circuit Judge, with whom LOKEN, Chief Judge, and GRUENDER, Circuit Judge, join, dissenting from denial of rehearing en banc...
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