In Re Portola Packaging, Inc.

122 F.3d 1473, 44 U.S.P.Q. 2d (BNA) 1060, 1997 U.S. App. LEXIS 26375, 1997 WL 569263

Opinions

ORDER

A combined petition for rehearing and suggestion for rehearing in banc having been filed by the APPELLEE, along with an amicus curiae brief filed by the Bar Association of the District of Columbia, and the petition for rehearing having been referred to the panel that heard the appeal, and thereafter the suggestion for rehearing in banc having been referred to the circuit judges who are in regular active service, and a poll having been requested, taken, and failed,

UPON CONSIDERATION THEREOF, it is

ORDERED that the petition for rehearing be, and the same hereby is, DENIED, and it is further

ORDERED that the suggestion for rehearing in banc be, and the same hereby is, DECLINED.

Circuit Judge Rader dissents in a separate opinion.

The mandate of the court will issue on September 19,1997.