No. 21-3035.

83 F.4th 1251 (2023)

Ella CLINTON; William Carrick; Terri L. Stauffer-Schmidt; Jean P. Wright; Michael A. Webber; Donald P. Cox; Howard Rosen; Wai Hee Yuen; Martha Miller Cox, Plaintiffs-Appellants, v. SECURITY BENEFIT LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED October 13, 2023.


This matter is before the court on Appellee's Petition for Rehearing En Banc and Appellants' Response to Petition for Rehearing En Banc. The petition and the response were circulated to all judges of the court who are in regular active service, and a poll was called. The poll did not carry. Consequently, Appellee's request for en banc rehearing is DENIED.

Judges Hartz, Tymkovich, and Eid would...

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