THEODORE HAYES AQEELA FOGLE v. PHILIP HARVEY (2017)

United States Court of Appeals, Third Circuit.

THEODORE HAYES; AQEELA FOGLE, Appellants v. PHILIP E. HARVEY

No. 16-2692

Decided: December 29, 2017

Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO, BIBAS, and FISHER *, Circuit Judges

ORDER SUR PETITION FOR REHEARING EN BANC

A majority of the active judges having voted for rehearing en banc in the above captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered October 18, 2017 are hereby vacated.

BY THE COURT,

D. Brooks Smith Chief Judge

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