Head Comment: The panel issued an order denying the petition for rehearing en banc. THAPAR delivered a separate opinion concurring in the denial of the petition for rehearing en banc. MOORE delivered a separate opinion dissenting from the denial of the petition for rehearing en banc, in which STRANCH and DONALD joined.
Court: 6th Circuit Court (Published Opinions)
ON PETITION FOR REHEARING EN BANC: Andrew A. Lyons-Berg, Paul W. Hughes, MCDERMOTT WILL & EMERY, LLP, Washington, D.C., Gino J. Scarselli, Richmond Heights, Ohio, Brian J. Hoffman, BRIAN J. HOFFMAN, LLC, Wooster, Ohio, Kenneth D. Myers, Cleveland, Ohio, for Appellant.
ON RESPONSE: Brian C. Ward, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.
Judge(s): SILER, GIBBONS, and THAPAR, Circuit Judges
Court Appealed: On Petition for Rehearing En Banc United States District Court for the Northern District of Ohio at Youngstown
The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.
Therefore, the petition is denied. Judge Gibbons would grant rehearing for the reasons stated in her dissent.