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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD STENGEL; MARY LOU
STENGEL, No. 10-17755
Plaintiffs-Appellants, D.C. No.
v. 4:10-cv-00318-RCC
MEDTRONIC INCORPORATED, a ORDERforeign corporation,
Defendant-Appellee.
Filed July 25, 2012
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 Fed.
R. App. P. 35(a) and 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 Wardlaw, Murguia and Hurwitz did not participate
in the deliberations or vote as to whether the case should be
taken en banc.
8563
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