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Case: 20-1045 Document: 104 Page: 1 Date Filed: 04/13/2021
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`UNITED STATES COURT OF APPEALS
`FOR THE THIRD CIRCUIT
`_________________
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`Nos. 20-1045, 20-1127
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`In Re: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION
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`THE KROGER CO.; SAFEWAY, INC.; ROUNDY’S SUPERMARKETS, INC.;
`WALGREEN CO.; HY-VEE, INC.; ALBERTSONS LLC; THE GREAT ATLANTIC &
`PACIFIC TEA COMPANY, INC.; H.E. BUTT GROCERY COMPANY; SUPERVALU
`INC.; PUBLIX SUPERMARKETS, INC.; GREAT EAGLE, INC.; WINN-DIXIE
`STORES, INC.,
`Appellants in 20-1045
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`v.
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`ROSE ACRE FARMS; UNITED EGG PRODUCERS, INC.; UNITED STATES EGG
`MARKETERS, INC.
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`Rose Acre Farms,
`Appellant in 20-1127
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`On Appeal from the United States District Court
`for the Eastern District of Pennsylvania
`(D.C. Civil No. 2-08-md-02002)
`District Judge: Hon. Gene E.K. Pratter
`________________
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`PETITION FOR REHEARING
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`BEFORE: SMITH, Chief Judge, and MCKEE, CHAGARES, JORDAN, SHWARTZ,
`RESTREPO, BIBAS, and MATEY, Circuit Judges, and HORAN, District Judge
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` The Honorable Marilyn J. Horan, District Judge, United States District Court for
`the Western District of Pennsylvania, sitting by designation. Judge Horan’s vote is limited
`to panel rehearing only.
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`

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`Case: 20-1045 Document: 104 Page: 2 Date Filed: 04/13/2021
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`The petition for rehearing filed by Appellants The Kroger Co., Safeway Inc.,
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`Roundy’s Supermarkets, Inc., Walgreen Co., Hy-Vee, Inc., Albertsons LLC, The Great
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`Atlantic & Pacific Tea Company, Inc., H.E. Butt Grocery Company, SuperValu Inc.,
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`Publix Super Markets, Inc., Giant Eagle, Inc., and Winn-Dixie Stores, Inc. in the above-
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`captioned matter has been submitted to the judges who participated in the decision of this
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`Court and to all other available circuit judges of the Court in regular active service. No
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`judge who concurred in the decision asked for rehearing, and a majority of the circuit
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`judges of the Court in regular active service who are not disqualified did not vote for
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`rehearing by the Court en banc. It is now hereby ORDERED that the petition is DENIED.
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`BY THE COURT,
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`Dated: April 13, 2021
`CJG/cc:
`All Counsel of Record
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`s/ Paul B. Matey
`Circuit Judge
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`
`

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