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05-55852 - Buono, et al v. Kempthorne, et al

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05-55852 - Buono, et al v. Kempthorne, et al
May 14, 2008
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Filed order and amended opinion (BETTY BINNS FLETCHER, M. MARGARET MCKEOWN and RONALD M. WHYTE). Amending Opinion AFFIRMED; The opinion filed September 6, 2007, slip op. 11793, and appearing at 502 F.3d 1069, is amended as follows: (See order for full text). With this amendment, the panel has voted to deny Defendants-Appellants petition for panel rehearing. Judge McKeown votes to deny the petition for rehearing en banc and Judges B. Fletcher and Whyte so recommend. The full court has been advised of Defendant-Appellant???s petition for rehearing en banc, and a judge of this court requested a vote on whether this case should be reheard en banc; however, a majority of the active judges did not vote in favor of en banc consideration. Fed. R. App. P. 35. Judge Reinhardt was recused from considering the en banc issues in this case and did not participate in the court???s decision. The petition for panel rehearing and the petition for rehearing en banc are denied. No further petitions for rehearing will be entertained.