But although his membership on the initial panel entitled him to vote on the rehearing petition and to sit on the en banc panel had rehearing en banc been granted, his senior status disqualified him from actually voting on the petition for rehearing en banc.

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Perhaps he was seen as a sixth and decisive vote in support of rehearing en banc.

FORBES: Second Circuit Puts A Damper On Suits Under Alien Tort Statute

No further petitions for rehearing or rehearing en banc may be filed.

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