Florida Audubon Soc. v. Bentsen, 94-5178

Citation64 F.3d 712
Decision Date11 September 1995
Docket NumberNo. 94-5178,94-5178
PartiesFLORIDA AUDUBON SOCIETY, et al., Appellants, v. Lloyd M. BENTSEN, Secretary of the Treasury, et al., Internal Revenue Service, Appellees. District of Columbia Circuit
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Before EDWARDS, Chief Judge, WALD, SILBERMAN, BUCKLEY, WILLIAMS, GINSBURG, SENTELLE, HENDERSON, RANDOLPH, ROGERS and TATEL, Circuit Judges.

Prior report: 54 F.3d 873.

ORDER

PER CURIAM.

Upon consideration of the Appellees' Suggestion For Rehearing In Banc, the response thereto, and the vote by a majority of the judges of the court in regular active service in favor of the suggestion, it is

ORDERED that the suggestion be granted. This case will be reheard by the court sitting in banc. The judgment filed herein on June 2, 1995 is vacated. It is

FURTHER ORDERED that an order governing further proceedings will issue separately.

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1 cases
  • Florida Audubon Soc. v. Bentsen
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • August 20, 1996
    ...otherwise modify the ETBE tax credit." Id. at 882. We subsequently agreed to review the issue of standing in banc. Florida Audubon Soc. v. Bentsen, 64 F.3d 712 (D.C.Cir.1995). court thus granted the Secretary's motion for summary judgment. DISCUSSION Because Article III limits the constitut......

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