Days after granting a rare en banc review in another case, the U.S. Court of Appeals for the Second Circuit on Wednesday denied a petition for rehearing en banc in what was apparently a contested decision among the judges.

A divided three-judge panel initially ruled on the case, captioned Bissonnette v. LePage Bakeries Park St., in May, but that ruling was then withdrawn and amended because of a U.S. Supreme Court ruling in the intervening period.