Consumers' Research v. FCC
Opinion
Case: 22-60008 Document: 00516804289 Page: 1 Date Filed: 06/29/2023
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ___________ FILED June 29, 2023 No. 22-60008 Lyle W. Cayce ___________ Clerk
Consumers’ Research; Cause Based Commerce, Incorporated; Kersten Conway; Suzanne Bettac; Robert Kull; Kwang Ja Kerby; Tom Kirby; Joseph Bayly; Jeremy Roth; Deanna Roth; Lynn Gibbs; Paul Gibbs; Rhonda Thomas,
Petitioners,
versus
Federal Communications Commission; United States of America,
Respondents. ______________________________
Petition for Review from an Order of the Federal Communications Comm Agency No. 96-45 ______________________________
ON PETITION FOR REHEARING EN BANC
(Opinion March 24, 2023 , 5 Cir., 2023, 63 F.4th 441 )
Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges. Case: 22-60008 Document: 00516804289 Page: 2 Date Filed: 06/29/2023
No. 22-60008
Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated March 24, 2023, is VACATED.
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