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Old January 8, 2013, 08:50 PM   #343
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Join Date: April 21, 2011
Location: Chicago
Posts: 703
if en banc is granted the 180 day stay is moot as a grant of rehearing en banc acts to vacate the panel opinion. The cert time would then run from en banc court's decision and the en banc court can stay or not stay its decision as it sees fit. If rehearing is denied, then the cert time runs from the date of the denial but the 180 days stay remains in effect, unchanged, unless the panel changes it or a stay pending a petition for cert is ordered under the Rules
Very nice esqappellate
Ok, let me get a law dictionary!

My Uncle and Sister are attorneys in my family. I think I will just try to read what you guys are saying and follow along as things progress.

en banc - the whole panel of judges? How many is that?
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