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  • Lopera v. Town of Coventry, 1st Cir. (2011)

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    The United States Court of Appeals for the First Circuit denied a petition for rehearing of a case both before the original panel of judges and en banc. A majority of the full active court did not vote to rehear the case en banc. One circuit judge dissented without comment from denying rehearing, while another circuit judge dissented and referenced their previous partial dissent from the panel's original opinion.

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    Filed: 2011-05-20 Precedential Status: Unknown Status Docket: 09-2386O

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    The United States Court of Appeals for the First Circuit denied a petition for rehearing of a case both before the original panel of judges and en banc. A majority of the full active court did not vote to rehear the case en banc. One circuit judge dissented without comment from denying rehearing, while another circuit judge dissented and referenced their previous partial dissent from the panel's original opinion.

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    Lopera v. Town of Coventry, 1st Cir. (2011)

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    Scribd Government Docs
    The United States Court of Appeals for the First Circuit denied a petition for rehearing of a case both before the original panel of judges and en banc. A majority of the full active court did not vote to rehear the case en banc. One circuit judge dissented without comment from denying rehearing, while another circuit judge dissented and referenced their previous partial dissent from the panel's original opinion.

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    of 1

    United States Court of Appeals

    For the First Circuit


    No. 09-2386
    JUAN LOPERA, ET AL.,
    Plaintiffs, Appellants,
    v.
    TOWN OF COVENTRY, ET AL.,
    Defendants, Appellees.

    Before
    Lynch, Chief Judge,
    Torruella, Selya, Boudin, Lipez,
    Howard and Thompson,
    Circuit Judges.

    ORDER OF COURT
    Entered: May 20, 2011
    Pursuant to First Circuit Internal Operating Procedure X(C), the petition for rehearing en
    banc has also been treated as a petition for rehearing before the original panel. The petition for
    rehearing having been denied by the panel of judges who decided the case, and the petition for
    rehearing en banc having been submitted to the active judges of this court and a majority of the
    judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing
    and petition for rehearing en banc be denied.
    TORRUELLA, Circuit Judge, dissenting without comment.
    THOMPSON, Circuit Judge, dissenting. For the reasons expressed in my dissent from
    the panel opinion, I dissent from the denial of rehearing en banc. See Lopera v. Town of Coventry,
    No. 09-2386, 2011 WL 1205661 (lst Cir. April 1, 2011) (Thompson, J., dissenting in part).

    By the Court:
    /s/ Margaret Carter, Clerk

    cc: Ms. Corcoran, Mr. DeSisto, Mr. Robinson, Mr. Bender and Ms. Bejma.

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