Order
After the court issued its opinion on July 2, 2010, a judge called for a vote on the judge's suggestion of rehearing en banc. This procedure is appropriate under Fed. R. App. 35(a), because, although Rule 35 authorizes litigants to file petitions for rehearing en banc, it does not condition en banc consideration on the filing of a petition. This court regularly hears cases en banc, without a litigant's petition, under the procedure established by Circuit Rule...
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