Just to be clear, this was almost certainly going to be denied... It seems that everyone here already knew, but en banc is rarely granted.
"In 2000, the 12 circuit courts (excluding the Federal Circuit) decided 73 cases en banc, representing 0.27% of their overall dispositions on the merits. A small number, to be sure, but two-thirds larger than the 44 cases decided en banc in 2010, which was 0.14% of all appeals resolved on the merits."
I only know this because my other big holding is waiting for an en banc right now that actually is being reviewed (FMCC/FNMA. I think we'll win and am looking for big payday)
As far as the trades and the low volume... meaningless. The most I've seen traded in one day is $12,000 worth of shares. Just a few individuals who potentially know little if anything. I know the few trades I got through had an effect on price, and if anyone needed any proof that miniature trades mean nothing, that is it since I am one of those individuals of whom I speak! :)
