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FELIX v. CITY OF BLOOMFIELD

No. 14-2149.

847 F.3d 1214 (2017)

Jane FELIX; B.N. Coone, Plaintiffs-Appellees, v. CITY OF BLOOMFIELD, Defendant-Appellant. Liberty Counsel, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Filed February 6, 2017.

Attorney(s) appearing for the Case

Elisabeth Bechtold , ACLU of New Mexico, Andrew G. Schultz, Esq. , Rodey Dickason Sloan Akin & Robb, Albuquerque, NM, Matthew M. Beck , Office of the United States Attorney, Las Cruces, NM, for Plaintiffs-Appellees.

David Andrew Cortman , Alliance Defending Freedom, Lawrenceville, GA, Thomas Ryan Lane , Aztec, NM, Joel Lee Oster , Alliance Defending Freedom, Leawood, KS, Jonathan Andrew Scruggs , Kevin H. Theriot , Alliance Defending Freedom, Scottsdale, AZ, for Defendant-Appellant.

Mary Elizabeth McAlister , Liberty Counsel, Lynchburg, VA, Horatio Gabriel Mihet , Liberty Counsel, Maitland, FL, Anita Stayer , Mathew D. Staver , Liberty Counsel, Orlando, FL, for Amicus Curiae.

Before TYMKOVICH, Chief Judge, KELLY, BRISCOE, LUCERO, HOLMES, MATHESON, BACHARACH, PHILLIPS, McHUGH, and MORITZ, Circuit Judges.

ORDER

This matter is before the court on the appellant's Petition for Rehearing En Banc. We also have a response from the appellees. Both the petition and response were circulated to all the active judges of the court who are not disqualified. See Fed. R. App. P. 35(a).

Upon consideration, a poll was called, and a majority voted to deny the request for en banc rehearing. Accordingly, the petition is denied.

Chief Judge Tymkovich and...

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