Melinda Birt v. Surface Transportation Board, Union Pacific Railroad Company and City of Nampa, Idaho, Intervenors

ORDER

Upon consideration of petitioner’s Suggestion for Rehearing In Banc, the response thereto, and the absence of a request by any member of the court for a vote, it is

ORDERED by the court that the suggestion be denied.

A statement of Circuit Judge SENTELLE concurring in the denial of rehearing in banc, joined by Circuit Judges SILBERMAN, STEPHEN F. WILLIAMS and GINSBURG, is attached.