United States v. Barker Steel Co., Inc., and Robert B. Brack

ORDER OF COURT ON PETITION FOR REHEARING EN BANC

Upon consideration of the petition for rehearing en banc, it is ordered that the same be denied.

BREYER, Chief Judge,

with whom Torruella, Circuit Judge joins (concurring in en banc denial of rehearing).

We agree with the majority that we should not grant this petition for en banc review. But, that is because the particular facts of this case do not compel us to reach the major legal issue that petitioners would like to raise, an issue that we believe is important. The panel opinion points out that an indictment charging a conspiracy “to defraud…