ODOM V MICROSOFT CORP.

Filing 920060928

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JAMES ODOM, Plaintiff-Appellant, v. MICROSOFT CORPORATION, a Washington corporation; BEST BUY CO., INC., a Minnesota corporation, Defendants-Appellees.

No. 04-35468 D.C. No. CV-03-02976-MJP ORDER

Filed September 28, 2006 Before: Mary M. Schroeder, Chief Judge.

ORDER Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.

Judges Pregerson, McKeown, Wardlaw, Gould, Clifton, Smith, and Ikuta are recused.

1

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