ORDER OF COURT
A majority of the active judges have voted to hear this case en banc. Thus, the petition for rehearing en banc is granted. In accordance with customary practice, the panel opinion and the dissent released on January 21, 2009 are withdrawn, and the judgment entered on January 21, 2009 is vacated. See 1st Cir. I.O.P. X(D). The parties have filed briefs and the en banc court will have copies of these briefs. However, the parties are free to file...
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