I was going on this:
“...The ruling from the full appeals court, 16 full-time judges at the time the case was argued”
So the Cheif voted too?
Yes and per opinion, total of 17 Circuit Judges voted (or decided) as follows:
(10) Majority opinion by Andrew S. Oldham, Circuit Judge, joined by Jones, Smith, Barksdale, Elrod, Willett, Ho, Duncan, Engelhardt, and Wilson, Circuit Judges
(2) Stephen A. Higginson, Circuit Judge, joined by Southwick, Circuit Judge, concurring in part and dissenting in part
(1) Haynes, Circuit Judge, concurring in the judgment in part and dissenting in part
(4) Carl E. Stewart, Circuit Judge, joined by Richman, Chief Judge, and Dennis and Graves, Circuit Judges, dissenting
Judge Douglas was not a member of the court when this case was submitted to the court en banc and did not participate in this decision.