Wolfson v. Concannon

THOMAS

Byron Jeffords Babione, Esquire, Benjamin Wyman Bull, Esquire, Chief Counsel, Scottsdale, AZ, James Bopp, Jr., Esquire, Anita Yvonne Woudenberg, Terre Haute, IN, for Plaintiff–Appellant. Charles Arnold Grube, Assistant Attorney General, Paula S. Bickett, Esquire, Chief Counsel, Phoenix, AZ, for Defendants–Appellees.

THOMAS, Circuit Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3.

Judges McKeown and Murguia did not participate in the deliberations or vote in this case.