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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BINYAM MOHAMED; ABOU ELKASSIM
BRITEL; AHMED AGIZA; MOHAMED
FARAG AHMAD BASHMILAH; BISHER
AL-RAWI, No. 08-15693
Plaintiffs-Appellants, D.C. No.
v. 5:07-CV-02798-JW
JEPPESEN DATAPLAN, INC., ORDER
Defendant-Appellee,
UNITED STATES OF AMERICA,
Intervenor-Appellee.
Filed October 27, 2009
ORDER
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it
is ordered that this case be reheard en banc pursuant to Circuit
Rule 35-3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
Judges Reinhardt, McKeown, Gould, Bybee, Milan D.
Smith, Jr. and Ikuta did not participate in the deliberations or
vote in this case.
14743
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