State of California, ex rel. Edmund G. Brown, Jr. v. SAFEWAY, INC., a Safeway No. 08-55671 Company doing business as Vons

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 STATE OF CALIFORNIA, ex rel.
Edmund G. Brown, Jr.,
Plaintiff-Appellant,
v.
SAFEWAY, INC., a Safeway No. 08-55671
Company doing business as Vons; D.C. No. ALBERTSON’S, INC.; RALPHS  2:04-cv-00687-AG- GROCERY COMPANY, a division of SS the Kroger Company; FOOD 4 LESS
FOOD COMPANY, a division of the
Kroger Company; VONS COMPANIES
INC., an indirect, wholly owned
subsidiary of Safeway, Inc.,
Defendants-Appellees, 
 STATE OF CALIFORNIA, ex rel.
Edmund G. Brown, Jr.,
Plaintiff-Appellee,
v.
No. 08-55708 SAFEWAY, INC., a Safeway
Company doing business as Vons; D.C. No.
ALBERTSONS, INC.; RALPHS GROCERY 2:04-cv-00687-AG- 
COMPANY, a division of the Kroger SS
Company; FOOD 4 LESS FOOD ORDER
COMPANY, a division of the Kroger
Company; VONS COMPANIES INC.,
an indirect, wholly owned
subsidiary of Safeway, Inc.,
Defendants-Appellees. 
2655

-- 1 of 2 --

Filed February 11, 2011
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 Bybee and Murguia did not participate in the delib-
erations or vote in this case.
2656 STATE OF CALIFORNIA v. SAFEWAY, INC.

-- 2 of 2 --