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HORNBECK OFFSHORE, SERVICES, L.L.C. v. SALAZAR

No. 11-30936.

730 F.3d 402 (2013)

HORNBECK OFFSHORE SERVICES, L.L.C.; Bee Mar-Worker Bee, L.L.C.; North American Fabricators, L.L.C.; Bee Mar, L.L.C.; Offshore Support Services, L.L.C.; et al, Plaintiffs-Appellees v. Kenneth SALAZAR, Secretary, Department of Interior, also known as Ken Salazar; United States Department of Interior; Bureau of Safety and Environmental Enforcement; Michael R. Bromwich, In His Official Capacity as Director, Bureau of Safety and Environmental Enforcement, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 9, 2013.

Attorney(s) appearing for the Case

Carl David Rosenblum, Esq. , Alida C. Hainkel, Esq. , Grady Schell Hurley , Marjorie Ann McKeithen, Esq. , Counsel, Jones Walker LLP, New Orleans, LA, John Fontana Cooney , Venable, L.L.P., Washington, DC, for Plaintiffs-Appellees.

Allen Michael Brabender, Esq. , U.S. Department of Justice, Washington, DC, Michael Thomas Gray , U.S. Department of Justice, Jacksonville, FL, Peter M. Mansfield , Assistant U.S. Attorney, U.S. Attorney's Office, New Orleans, LA, for Defendants-Appellants.

Before WIENER, ELROD, and SOUTHWICK, Circuit Judges.

ON REQUEST FOR POLL ON REHEARING EN BANC

PER CURIAM:

The court having polled at the request of a member of the court (see Internal Operating Procedure accompanying 5TH CIR. R. 35, "Requesting a Poll on Court's Own Motion"), and a majority of the judges who are in regular active service and not disqualified not having voted in favor (see FED. R.APP. P. 35(a) and 5TH CIR. R. 35.6), rehearing en...

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