DeRoche, et al v. Arizona Industrial

Filing 920080506

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
In the Matter of: MARY DEROCHE; ERIC DEROCHE, Debtors, MARY DEROCHE; ERIC DEROCHE, Appellants, v. ARIZONA INDUSTRIAL COMMISSION, Appellee.

No. 04-15258 D.C. No. CV-03-00463-EHC District of Arizona, Phoenix ORDER

On Remand From The United States Supreme Court Filed May 6, 2008 Before: Stephen Reinhardt and Sidney R. Thomas, Circuit Judges, and Jane A. Restani,* Judge.

ORDER This case is hereby resubmitted. Pursuant to the judgment of the United States Supreme Court issued on March 20, 2007 in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., ___ U.S. ___, 127 S.Ct. 1199, 167 L.Ed.2d 178 (2007), we vacate our opinion at 434 F.3d 1188 (9th Cir. 2006), vacate the district court's decision as well as the bankruptcy court's decision,
*The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.

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IN THE MATTER OF: DEROCHE

and remand to the district court with instructions to remand to the bankruptcy court for further proceedings consistent with the opinion of the Supreme Court. We express no opinion on any other issue presented by the parties, leaving those questions for consideration of the bankruptcy court in the first instance.

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