*1 PRESENT: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR. and VANASKIE, Circuit Judges ORDER

A majority of the active judges have voted for rehearing en banc in the above appeal, it is ordered that the Clerk of Court list the above case for rehearing en banc at the convenience of the Court.

By the Court, /s/ Theodore A. McKee Chief Circuit Judge Date: October 20, 2010