Cooper v. Federal Aviation Administration

622 F.3d 1016, 2010 U.S. App. LEXIS 19622, 2010 WL 3584055

Opinions

Order; Concurrence to Order by Judge MILAN D. SMITH, JR.; Dissent to Order by Judge O’SCANNLAIN; Opinion by Judge MILAN D. SMITH, JR.

ORDER

The opinion filed February 22, 2010, and published at 596 F.3d 538, is hereby amended by deleting footnote 2 (and renumbering succeeding footnotes) on pages 2825-26 of the slip opinion (also found at 596 F.3d 538, 543-44).

With this amendment, the panel votes to deny the petition for panel rehearing. Judge M. Smith votes to deny the petition for rehearing en banc, and Judges Bright and Hawkins so recommend.

The full court was advised of the petition for rehearing en banc. After a request for a vote by an active judge, a vote was taken, and a majority of the active judges of the court failed to vote for a rehearing en banc. Fed. R.App. P. 35(f).

The petitions for panel rehearing and rehearing en banc are DENIED. Further petitions for rehearing and rehearing en banc shall not be entertained.