…Mark Chenoweth of the New Civil Liberties Alliance, representing Cargill, said they are “delighted”
with the decision.

“Two other circuits have heard similar cases en banc, so we are not surprised by today’s news,”
Chenoweth told Law360 on Thursday. “We are confident that the en banc court will correct the
multiple legal errors in the panel decision below, and we look forward to presenting Mr. Cargill’s case
to the full court…”

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