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Old September 13, 2012, 09:53 PM   #42
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,524
Just today, Alan Gura filed a petition for hearing Hightower, en banc. The PDF is attached.

Having read this petition, the only comment I have to make is this: The petition almost reads as a certiorari to the SCOTUS.

I don't believe it would take all that much to make it so.

If I'm correct in this, the CA1 will also read it that way.

ETA: In the CA1, it takes a majority of the active judges to grant an en banc review. There are only 5 active judges (all the rest are on Senior Status). Since the Hightower panel was unanimous and 2 of the three judges on the panel are active judges, it will take the other three judges to vote for rehearing.... Don't hold your breath.
Attached Files
File Type: pdf hightower_enbanc.pdf (164.2 KB, 10 views)

Last edited by Al Norris; September 13, 2012 at 09:56 PM. Reason: added comment(s)
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