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17-15589 - State of Hawaii, et al v. Donald Trump, et al


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17-15589 - State of Hawaii, et al v. Donald Trump, et al
April 21, 2017
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Filed Order for PUBLICATION (SIDNEY R. THOMAS) The full court was advised of the petition for initial hearing en banc. A judge requested a vote on whether to hear the matter en banc before the limited en banc court. Another judge requested a vote on whether to hear the matter en banc before the full court. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of initial en banc consideration. Fed. R. App. P 35. Therefore, initial en banc proceedings are concluded, and all remaining issues will be decided by the three-judge panel. The denial of the request for initial hearing en banc does not preclude any party from filing a petition for rehearing en banc pursuant to the applicable rules following issuance of the panel opinion. This case is scheduled for oral argument before the three-judge panel at 9:30 a.m. on Monday, May 15, 2017, in Seattle Washington. [10406467]
June 12, 2017
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FILED PER CURIAM OPINION (MICHAEL DALY HAWKINS, RONALD M. GOULD and RICHARD A. PAEZ) The Government’s motion for a stay pending appeal is DENIED as moot. AFFIRMED in part; VACATED in part; and REMANDED with instructions. Each party shall bear its own costs on appeal. FILED AND ENTERED JUDGMENT. [10468371]--[Edited: attached PDF of WebCites. 06/16/2017 by RY]