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A change in time en bancs Ameline?

February 10, 2005

In yesterday’s Ameline decision from the Ninth Circuit (basics here, commentary here), the final sentence read “No petition for rehearing will be entertained and the mandate shall issue forthwith.”  But in an order filed today, available here, the Ninth Circuit panel provides:

The opinion filed on February 9, 2005 is amended by deleting the last sentence on page 23.  The mandate issued on February 9, 2005 is recalled.  The parties shall file any petition for rehearing and/or rehearing en banc no later than February 18, 2005.  In the event that such a petition is filed, a response shall be filed within seven days thereafter.  See Fed. R. App. P. 40(a)(1), 35(c).

Readers are encouraged to use the comments to establish a betting line for whether Ameline will go en banc.