STEVEN J. HATFILL, PLAINTIFF—APPELLANT v. THE NEW YORK TIMES COMPANY, DEFENDANT—APPELLEE, AND NICHOLAS KRISTOF

427 F.3d 253, 33 Media L. Rep. (BNA) 2530, 2005 U.S. App. LEXIS 22397, 2005 WL 2651160

Opinions

ORDER

PER CURIAM.

Appellee filed a petition for rehearing and/or rehearing en banc. Appellant filed a response to the petition.

A member of the Court requested a poll on the petition for rehearing en banc. The poll failed to produce a majority of judges in active service in favor of rehearing en banc. Chief Judge Wilkins and Judges Widener, Luttig, Traxler, Shedd, and Duncan voted to deny the petition. Judges Wilkinson, Niemeyer, Michael, Motz, King, and Gregory voted to grant the petition. Judge Williams did not participate in this case.

The Court denies the petition.

Judge WILKINSON filed a dissenting opinion from the order denying rehearing en banc, in which Judge MICHAEL and Judge KING joined.

Entered at the direction of Judge SHEDD for the Court.