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CIC Services, LLC v. Internal Revenue Service

United States Court of Appeals, Sixth Circuit

August 28, 2019

CIC Services, LLC, Plaintiff-Appellant,
v.
Internal Revenue Service; Department of Treasury; United States of America, Defendants-Appellees.

          Argued: October 19, 2018

          Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville. No. 3:17-cv-00110-Travis R. McDonough, District Judge.

         ON PETITION FOR REHEARING EN BANC AND REPLY:

          Adam R. Webber, ELLIOTT, FAULKNER & WEBBER, Beavercreek, Ohio, Cameron T. Norris, CONSOVOY MCCARTHY PLLC, Arlington, Virginia, for Appellant.

         ON RESPONSE:

          Teresa E. McLaughlin, Bethany B. Hauser, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

         ON BRIEF:

          John J. Vecchione, CAUSE OF ACTION INSTITUTE, Washington, D.C., Kristin E. Hickman, UNIVERSITY OF MINNESOTA LAW SCHOOL, Minneapolis, Minnesota, for Amici Curiae.

          Before: SUHRHEINRICH, CLAY, and NALBANDIAN, Circuit Judges.

          The panel issued an order denying the petition for rehearing en banc. CLAY, J. (pp. 3-5), delivered a separate opinion concurring in the denial of rehearing en banc. SUTTON, J. (pp. 6-7), delivered a separate opinion concurring in the denial of rehearing en banc. THAPAR, J. (pp. 8-13), delivered a separate opinion dissenting from the denial of rehearing en banc, in which KETHLEDGE, BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, JJ., joined.

          ORDER

         The court received a petition for rehearing en banc. The original panel reviewed the petition and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition was then circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.

         Therefore, the petition is denied.

         CONCURRENCE IN THE DENIAL ...


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