Narrative Opinion Summary
A combined petition for panel rehearing and rehearing en banc was filed by the Appellant. The petition for rehearing was referred to the original panel that heard the appeal, while the petition for rehearing en banc was referred to the circuit judges in active service. After consideration, both the petition for panel rehearing and the petition for rehearing en banc were denied. The court's mandate will be issued on October 28, 2009.
Legal Issues Addressed
Denial of Rehearing Petitionssubscribe to see similar legal issues
Application: Both the petition for panel rehearing and the petition for rehearing en banc were denied, indicating the court's final decision on the matter.
Reasoning: After consideration, both the petition for panel rehearing and the petition for rehearing en banc were denied.
Issuance of Court Mandatesubscribe to see similar legal issues
Application: The court's mandate was scheduled to be issued on a specific date following the denial of rehearing petitions.
Reasoning: The court's mandate will be issued on October 28, 2009.
Panel Rehearing Proceduressubscribe to see similar legal issues
Application: The original panel that heard the appeal was responsible for considering the petition for panel rehearing.
Reasoning: The petition for rehearing was referred to the original panel that heard the appeal.
Rehearing En Banc Proceduressubscribe to see similar legal issues
Application: The petition for rehearing en banc was referred to the circuit judges in active service for consideration.
Reasoning: The petition for rehearing en banc was referred to the circuit judges in active service.