ALLIANCE FOR OPEN SOC. v. AGENCY FOR INTERN. DEV.

Docket No. 08-4917-cv.

678 F.3d 127 (2011)

ALLIANCE FOR OPEN SOCIETY INTERNATIONAL, INC., Pathfinder International, Global Health Council, Interaction, Plaintiffs-Appellees, Open Society Institute, Plaintiff, v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, Rajiv Shah, in his official capacity as Administrator of the U.S. Agency for International Development, and his successors, United States Centers for Disease Control and Prevention, Thomas R. Frieden, in his official capacity as Director of the U.S. Centers for Disease Control and Prevention, and his successors, United States Department of Health and Human Services, Kathleen Sebelius, in her official capacity as Secretary of the U.S. Department of Health and Human Services, and her successors, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 6, 2011.

Opinion on Rehearing: February 2, 2012.


Attorney(s) appearing for the Case

Rebekah Diller , Benjamin N. Cardozo School of Law, New York, NY ( Laura K. Abel , Brennan Center for Justice, NYU School of Law, New York, NY; David W. Bowker , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Jason D. Hirsch , Michael D. Gottesman , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, on the brief), for Plaintiffs-Appellees.

Benjamin H. Torrance , Assistant United States Attorney for the Southern District of New York ( David S. Jones , Assistant United States Attorney, of counsel, on the brief) for Preet Bharara , United States Attorney for the Southern District of New York, for Defendants-Appellants.

JOSÉ A. CABRANES, Circuit Judge, joined by REENA RAGGI and DEBRA ANN LIVINGSTON, Circuit Judges, dissents by opinion from the denial of rehearing en banc.


ORDER

Following disposition of this appeal on July 6, 2011, Defendants-Appellants United States Agency for International Development, et al., filed a petition for rehearing en banc. A poll of the active members of the Court having been conducted, and there being no majority favoring en banc review, rehearing en banc is hereby DENIED.

JOSÉ A. CABRANES, Circuit Judge, with whom Judge RAGGI and Judge...

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