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LINDENBERG v. JACKSON NAT. LIFE INS. CO.

Nos. 17-6034/6079.

919 F.3d 992 (2019)

Tamarin LINDENBERG, individually and as natural guardian of her minor children ZTL and SML, Plaintiff-Appellee/Cross-Appellant, v. JACKSON NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee, State of Tennessee, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 28, 2019.

Attorney(s) appearing for the Case

ON PETITIONS FOR REHEARING EN BANC: Joseph Ahillen , OFFICE OF THE ATTORNEY GENERAL OF TENNESSEE, Nashville, Tennessee, for Intervenor Appellee. Daniel W. Van Horn , Gadson W. Perry , BUTLER SNOW LLP, Memphis, Tennessee, for Appellant/Cross-Appellee. ON RESPONSE IN OPPOSITION: Molly Glover , Charles S. Higgins , BURCH, PORTER & JOHNSON, PLLC, Memphis, Tennessee, for Appellee/Cross-Appellant. ON BRIEF: Cary Silverman , SHOOK, HARDY & BACON L.L.P., Washington, D.C., for Amicus Curiae.

CLAY, J. (pp. 993-95), delivered a separate opinion concurring in the denial of rehearing en banc in which STRANCH, J., joined. BUSH, J. (pp. 995-1002), delivered a separate opinion dissenting from the denial of rehearing en banc. NALBANDIAN, J. (pp. 1002-03), delivered a separate statement regarding the denial of rehearing en banc in which THAPAR, BUSH, and LARSEN, JJ., joined.

ORDER

The court received petitions for rehearing en banc. The original panel has reviewed the petitions for rehearing and concludes that the issues raised in the petitions were fully considered upon the original submission and decision. The petitions then were circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.

Therefore, the petitions are denied.

CONCURRENCE

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