ESTATE OF HENRY BARABIN; GERALDINE BARABIN, personal representative v. Astenjohnson, Inc.

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ESTATE OF HENRY BARABIN;
GERALDINE BARABIN, personal
representative,
Plaintiffs-Appellees,
v.
ASTENJOHNSON, INC.,
Defendant-Appellant.
No. 10-36142
D.C. No.
2:07-cv-01454-
RSL
ESTATE OF HENRY BARABIN;
GERALDINE BARABIN,
Plaintiffs-Appellees,
v.
ASTENJOHNSON, INC.,
Defendant,
and
SCAPA DRYER FABRICS, INC.,
Defendant-Appellant.
No. 11-35020
D.C. No.
2:07-cv-01454-
RSL
ORDER
Filed March 25, 2013

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ESTATE OF BARABIN V. ASTENJOHNSON, INC. 2
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
Federal Rule of Appellate Procedure 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.
Judge Christen did not participate in the deliberations or
vote in this case.

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