ORDER
This matter is before the court on Appellant's Petition for Rehearing, which includes a request for rehearing en banc. We also have a response from Appellee. To the extent Appellant seeks rehearing by the panel, the petition is denied pursuant to Fed. R. App. P. 40.
The petition and response were transmitted to all non-recused judges of the court who are in regular active service, and a poll was called. A majority of the participating judges voted...
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