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Old January 8, 2013, 04:39 PM   #337
Join Date: October 16, 2012
Posts: 69
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.
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