New England Health Care Employees Pension Fund v. Woodruff

Tenth Circuit

New England Health Care Employees Pension Fund v. Woodruff

520 F.3d 1255, 2008 U.S. App. LEXIS 7054, 2008 WL 868232

Court of Appeals for the Tenth Circuit·Decided April 2, 2008·No. No. 06-1482·Published

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ORDER

PAUL KELLY, JR., Circuit Judge.

Appellee Qwest Communications International Inc.’s petition¹ for panel rehearing is denied by the panel. Judge Briscoe would grant panel rehearing for the reasons stated in her dissent. Judge Baldock would grant panel rehearing to hold that once appellants demonstrate plain legal prejudice as to one provision of the settlement agreement, they have standing to object to all of the agreement’s provisions. Judge Baldock continues to concur in the result of the panel opinion. Because neither Judge Briscoe’s dissent, nor Judge Baldock’s view of standing commands a panel majority, the petition for panel rehearing is denied.

The suggestion for en banc rehearing was transmitted to all judges of the court who are in regular active service. No poll on the suggestion was requested and the suggestion is therefore denied.

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ORDER

PAUL KELLY, JR., Circuit Judge.

Appellee Qwest Communications International Inc.’s petition¹ for panel rehearing is denied by the panel. Judge Briscoe would grant panel rehearing for the reasons stated in her dissent. Judge Baldock would grant panel rehearing to hold that once appellants demonstrate plain legal prejudice as to one provision of the settlement agreement, they have standing to object to all of the agreement’s provisions. Judge Baldock continues to concur in the result of the panel opinion. Because neither Judge Briscoe’s dissent, nor Judge Baldock’s view of standing commands a panel majority, the petition for panel rehearing is denied.

The suggestion for en banc rehearing was transmitted to all judges of the court who are in regular active service. No poll on the suggestion was requested and the suggestion is therefore denied.

New England Health Care Employees Pension Fund v. Woodruff, 520 F.3d 1255, 2008 U.S. App. LEXIS 7054, 2008 WL 868232 (10th Cir. 2008).

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520 F.3d 1255 (New England Health Care Employees Pension Fund v. Woodruff) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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