Court of Appeals for the Eighth Circuit April 22, 2014, No. 14-1919 (Zink v. Lombardi)

lead-opinion

ORDER

The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied. Judge Murphy, Judge Bye and Judge Kelly would grant the petition for rehearing en banc.

Judge Benton did not participate in the consideration or decision of this matter.

dissent

BYE, Circuit Judge,

dissenting, with whom MURPHY and KELLY, Circuit Judges, join.