Craig Wheeler refers to nine appellate judges on Tuesday's MS webcast (see transcript in #msg-79497843); however, the main point, as noted in #msg-79504469, is that MNTA merely needs a simply majority to prevail in the en banc rehearing.
If the actual requirement is 6 of 11 votes rather than 5 of 9, that's even better mathematically for MNTA.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”