D. Brooks Smith Chief Judge
On Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. No. 4-16-cv-01127)
District Judge: The Honorable Matthew W. Brann Before: SMITH, Chief Judge, AMBRO, CHAGARES, JORDAN, HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, SCIRICA AND ROTH*, Circuit Judges ORDER SUR PETITION FOR REHEARING EN BANC
Will participate as a member of the en banc court pursuant to 3d. Cir. I.O.P. 9.6.4 --------
A majority of the active judges having voted for rehearing en banc in the above captioned cases, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at a time convenient to the Court. The opinion and judgment entered July 3, 2019 are hereby vacated.
BY THE COURT,
s/ D. Brooks Smith
Chief Judge Dated: August 23, 2019 kr/cc: All Counsel of Record