FILED PUBLISH United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS January 17, 2019 FOR THE TENTH CIRCUIT Elisabeth A. Shumaker _________________________________ Clerk of Court BILLY HAMILTON,

Plaintiff - Appellant/Cross- Appellee, No. 17-7049 v. (D.C. No. 6:16-CV-00519-RAW) (E.D. Okla.) NORTHFIELD INSURANCE COMPANY,

Defendant - Appellee/Cross- Appellant. ______________________

OKLAHOMA ASSOCIATION FOR JUSTICE,

Amicus Curiae.

_________________________________

ORDER _________________________________

Before TYMKOVICH, Chief Judge, McKAY, and CARSON, Circuit Judges. _________________________________

This matter is before us on Appellant’s Petition for Rehearing En Banc

(“Petition”). Upon careful consideration of the Petition and the amicus brief filed by the

Oklahoma Association for Justice, we sua sponte grant panel rehearing and vacate the

opinion issued December 18, 2018. Accordingly, the Petition is denied as moot, and this matter is REOPENED and ABATED pending further order of the court.

Entered for the Court, ELISABETH A. SHUMAKER, Clerk

by: Chris Wolpert Chief Deputy Clerk

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