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IN RE BP RE, L.P.

Nos. 12-51270, 12-51279.

744 F.3d 1371 (2014)

In the Matter of: BP RE, L.P., Debtor. BP RE, L.P., Appellant, v. RML Waxahachie Dodge, L.L.C.; RML-McLarty-Landers Automotive Holdings, L.L.C; RML Waxahachie Ford, L.L.C; RML Waxahachie GMC, L.L.C.; RLJ-McLarty-Landers Automotive Group, Appellees.

United States Court of Appeals, Fifth Circuit.

February 28, 2014.

Attorney(s) appearing for the Case

Kevin James Terrazas (argued), Esq. , Weisbart Springer Hayes, L.L.P., Austin, TX, for Appellant.

Lyndel Anne Mason, Esq. , Senior Counsel, Cavazos, Hendricks, Poirot & Smitham, P.C., Rodney Lawrence Poirot , Michael Wayne Sebesta , Cavazos, Hendricks, Poirot & Smitham. P.C., Dallas, TX, Rodney Fred Page (argued), Esq. , U.S. Attorney, Washington, DC, Brian Christopher Walsh, Esq. , Bryan Cave, L.L.P., Saint Louis, MO, for Appellees.

Stephen W. Sather , Barron, Newburger & Sinsley, P.L.L.C., Austin, TX, for Amicus Curiae, Commercial Law League of America.

Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R.APP. P. 35 and 5TH CIR. R. 35), the petition for rehearing en banc is DENIED.

In the en banc...

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