ABILENE RETAIL # 30, INC. v. BOARD OF COM'RS OF DICKINSON COUNTY

No. 05-3473.

508 F.3d 958 (2007)

ABILENE RETAIL # 30, INC., Plaintiff-Appellant, v. BOARD OF COMMISSIONERS OF DICKINSON COUNTY, KANSAS; Keith Hoffman, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 25, 2007.


Attorney(s) appearing for the Case

Lorraine R. Baumgardner, Raymond V. Vasvari, Jr., John Michael Murray, Berkman, Gordon, Murray & Devan, Cleveland, OH, Richard T. Bryant, Richard T. Bryant & Associates, Kansas City, MO, for Plaintiff-Appellant.

J. Steven Pigg, Teresa L. Watson, Fisher, Patterson, Sayler & Smith, Topeka, KS, Scott D. Bergthold, Chattanooga, TN, for Defendants-Appellees.

Before TACHA, Chief Judge, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.


ORDER

The appellees' petition for rehearing is denied by the panel that rendered the decision in this case.

The suggestion for rehearing en banc was transmitted to all judges of the court who are in regular active service. A poll was requested and a majority of the active judges voted to deny rehearing en banc. Chief Judge Tacha and Judges Kelly, O'Brien, Tymkovich and Gorsuch voted to grant rehearing. Judge...

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