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U.S. v. SID-MARS RESTAURANT & LOUNGE, INC.

No. 09-30869.

654 F.3d 521 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. SID-MARS RESTAURANT & LOUNGE, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 29, 2011.

Attorney(s) appearing for the Case

John Emad Arbab (argued), Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC, Glenn Kenneth Schreiber , Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Barry W. Ashe (argued), Kathryn Marie Knight, Stone Pigman Walther Wittmann, L.L.C., Charles Louis Stern, Jr. , Steeg Law Firm, L.L.C., New Orleans, LA, for Defendant-Appellant.

Before DENNIS, OWEN and SOUTHWICK, Circuit Judges.

ON PETITION FOR REHEARING

LESLIE H. SOUTHWICK, Circuit Judge:

No member of the panel nor judge in regular active service of the court requested the court be polled on rehearing en banc. The petition for rehearing en banc is DENIED. See 5th Cir. R. 35. Treating that petition as a petition for panel rehearing, the panel DENIES the petition but supplements the discussion of Alonzo v. United States, 249 F.2d 189

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