Legal Opinion

Nelson v. Board of County Commissioners

Court of Appeals for the Tenth Circuit

Decided June 12, 2019No. 17-2199PublishedCited by 6 opinions

1Dissent · HartzHartz, Circuit Judge

On April 16, 2019, the panel's opinion issued in this matter, and judgment issued the same day. An active judge of the court then called a poll, sua sponte , to consider en banc review of the panel decision. A majority of the active judges of the court voted not to rehear the case, and as a result the poll failed. See Fed. R. App. P. 35(a).

Chief Judge Tymkovich and Judge Hartz voted to grant en banc rehearing. Judge Hartz has prepared the attached written dissent from the denial of en banc reconsideration, in which Chief Judge Tymkovich joins. Judge Bacharach has prepared the attached written…

Also in this document: Dissent · Hartz.

2Cases cited25 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Servants of the Paraclete v. DoesCourt of Appeals for the Tenth Circuit · 2000
  4. Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
  5. Myrna O'Dell Firestone v. Leonard K. FirestoneCourt of Appeals for the D.C. Circuit · 1996

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3Cited by6 opinions

  1. Blake v. JPayDistrict Court, D. Kansas · 2022
  2. Hafen v. HowellDistrict Court, D. Utah · 2023
  3. Lewis v. United StatesDistrict Court, D. Colorado · 2023
  4. Roe v. Ford Motor CompanyDistrict Court, E.D. Michigan · 2020
  5. State Ethics Commission v. TNMP, Inc.District Court, D. New Mexico · 2024

1 more not listed; retrieve them via the Exa API.

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