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In re AMERICAN EXPRESS MERCHANTS' LITIGATION, Italian Colors Restaurant, on behalf of itself and all similarly situated persons, National Supermarkets Association, 492 Supermarket Corp., Bunda Starr Corp., Phoung Corp. v. American Express Travel Related Services Company, American Express Company
Opinions in this case
ROSEMARY S. POOLER, Circuit Judge, concurs by opinion in the denial of rehearing in banc.
DENNIS JACOBS, Chief Judge, joined by JOSÉ A. CABRANES and DEBRA ANN LIVINGSTON, Circuit Judges, dissents by opinion from the denial of rehearing in banc.
JOSÉ A. CABRANES, Circuit Judge, dissents by opinion from the denial of rehearing in banc.
REENA RAGGI, Circuit Judge, joined by RICHARD C. WESLEY, Circuit Judge, dissents by opinion from the denial of rehearing in banc.
ORDER
Following disposition of this appeal on February 1, 2012, an active judge of the Court requested a poll on whether to rehear the case in bane. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.