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COHEN v. U.S.

Nos. 08-5088, 08-5093, 08-5174.

599 F.3d 652 (2010)

Neiland COHEN, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

March 11, 2010.

Attorney(s) appearing for the Case

Michael A. Bowen, Foley & Lardner, LLP, Milwaukee, WI, Marc B. Dorfman, Foley & Lardner, LLP, Henry David Levine, Levine, Blaszak, Block & Boothby, LLP, Washington, DC, Charles Tiefer, University of Baltimore, Chevy Chase, MD, for Plaintiff-Appellant.

Ellen Page Delsole, R. Craig Lawrence, Teresa E. McLaughlin, Gilbert Steven Rothenberg, Esquire, Deputy Assistant Attorney General, U.S. Department of Justice, Jeffrey Allen Taylor, Ernst & Young, LLP, Washington, DC, for Defendant-Appellee.

Before: SENTELLE, Chief Judge, and GINSBURG, HENDERSON, ROGERS, TATEL, GARLAND, BROWN, GRIFFITH, and KAVANAUGH, Circuit Judges.

ORDER

PER CURIAM.

Upon consideration of appellee's petition for rehearing en banc, the response thereto, and the vote in favor of the petition by a majority of the judges eligible to participate, it is

ORDERED that the petition be granted. The case will be reheard by the court sitting en banc. It is

FURTHER ORDERED that the portion of the court's August 7, 2009 judgment reversing in part and remanding the...

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