United States v. 2012-09-21 | 09-16703 | Matthew Kilgore V. Keybank, National Association |…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 MATTHEW C. KILGORE, individually
and on behalf of all others
similarly situated; WILLIAM BRUCE
FULLER, individually and on behalf
of all others similarly situated,
Plaintiffs-Appellees,
No. 09-16703 v.
 D.C. No. KEYBANK, NATIONAL ASSOCIATION, 3:08-cv-02958-TEH successor in interest to KeyBank
USA, N.A.; KEY EDUCATION
RESOURCES, a division of KeyBank
National Association; GREAT
LAKES EDUCATION LOAN SERVICES,
INC., a Wisconsin corporation,
Defendants-Appellants. 
11857

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 MATTHEW C. KILGORE, individually
and on behalf of all others
similarly situated; WILLIAM BRUCE
FULLER, individually and on behalf
of all others similarly situated,
Plaintiffs-Appellants, No. 10-15934
v. D.C. No.
 KEYBANK, NATIONAL ASSOCIATION, 3:08-cv-02958-TEH
successor in interest to KeyBank ORDER
USA, N.A.; KEY EDUCATION
RESOURCES, a division of KeyBank
National Association; GREAT
LAKES EDUCATION LOAN SERVICES,
INC., a Wisconsin corporation,
Defendants-Appellees. 
Filed September 21, 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-
eral Rule of Appellate Procedure 35(a) and Ninth Circuit Rule
35-3. The three-judge panel opinion shall not be cited as pre-
cedent by or to any court of the Ninth Circuit.
11858 KILGORE v. KEYBANK, NAT’L ASS’N.

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