Crounse Corporation v. The Interstate Commerce Commission and the United States of America

787 F.2d 1031

Opinions

ORDER

The Court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this Court, and less than a majority of the judges having favored the suggestion, the petition for rehearing has been referred to the original hearing panel.

The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied.

MERRITT, Circuit Judge, dissents from denial of petition for rehearing en banc, in which KEITH, MARTIN and JONES, Circuit Judges, joined. JONES, Circuit Judge, delivered a separate dissent.