Filing 920060928


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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 17291 PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2006 Thomson/West.

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