San Antonio Community Hospital v. Southern California District Council of Carpenters
Opinion
Lead Opinion
REINHARDT, Circuit Judge, with whom Judges PREGERSON, KOZINSKI, and TASHIMA join, dissenting from the failure to rehear en banc:
ORDER
Judges Farris and T.G. Nelson voted to deny the petition for rehearing. Judge Nelson votes to reject the suggestion for rehearing en banc, and Judge Farris so recommends. Judge Kozinski voted to grant the petition for rehearing and votes to accept the suggestion for rehearing en banc.
The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonreeused active judges in favor of en banc consideration. Fed. R.App. P. 35.
The petition for rehearing is DENIED and the suggestion for a rehearing en bane is REJECTED.
REINHARDT, Circuit Judge, with whom Judges PREGERSON, KOZINSKI, and TASHIMA join, dissenting from the failure to rehear en bane:
Once again, I am compelled to express my deep regret that this court has failed to exercise its responsibility to rehear a case en banc. 1 By refusing to review the divided panel opinion, we become not only the first circuit court in the 66-year history of the…