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DART CHEROKEE BASIN OPERATING CO., LLC v. OWENS

No. 13-603.

730 F.3d 1234 (2013)

DART CHEROKEE BASIN OPERATING COMPANY, LLC; Cherokee Basin Pipeline, LLC, Petitioners, v. Brandon W. OWENS, individually and on behalf of all others similarly situated, Respondent.

United States Court of Appeals, Tenth Circuit.

September 17, 2013.

Attorney(s) appearing for the Case

Matthew J. Salzman , Molly E. Walsh , Stlnson Morrison Hecker, Kansas City, MO, for Petitioners.

John F. Edgar , Edgar Law Firm, Kansas City, MO, David E. Sharp , Gunderson, Sharp & Walke, Houston, TX, Rex Sharp , Gunderson Sharp, LLP, Prairie Village, KS, Grady L. Young , Southeast Kansas Legal Associates, PA, Coffeyville, KS, for Respondent.

Before KELLY, LUCERO, HARTZ, TYMKOVICH, HOLMES, MATHESON, BACHARACH and PHILLIPS, Circuit Judges.

ORDER

This matter is before the court on the petitioners' Petition for Rehearing En Banc. We also have a response. Both pleadings were circulated to all the judges of the court who are in regular active service and who are not recused in this proceeding.

Upon consideration, a poll was requested and the votes were evenly divided. Consequently, the poll did not carry and the en banc petition is denied. See Fed. R.App. P. 35(a) (noting a majority...

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