Todd Clifford Duffield , Ogletree Deakins, P.C., Atlanta, GA, Gavin Samuel Martinson , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Dallas, TX, for Chamber of Commerce of the United States of America, National Federation of Independent Business, National Restaurant Association, and Coalition for a Democratic Workplace, Amid Curiae.
Todd Clifford Duffield , Ogletree Deakins, P.C., Atlanta, GA, for International Foodservice Distributors Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, and Society for Human Resource Management, Amici Curiae.
Jason C. Schwartz, Esq. , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, for Retail Litigation Center and National Retail Federation, Amici Curiae.
Before BENAVIDES, DENNIS, and COSTA, Circuit Judges.
PER CURIAM:
Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R. APP. P. 35 and 5TH CIR. R. 35), the...
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