ORDER
The petition for rehearing en banc is denied. The petition for panel rehearing is also denied
Judges MURPHY, BYE, SMITH and KELLY would grant the petition for rehearing en banc.
Judge GRUENDER did not participate in the consideration or decision of this matter.
COLLOTON, Circuit Judge, concurring in denial of rehearing en banc.
No matter how this court decides this case, there will remain a well-developed conflict in...
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