Molski, et al v. Evergreen Dynasty, et al
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
JAREK MOLSKI; DISABILITY RIGHTS ENFORCEMENT EDUCATION SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, Plaintiffs-Appellants, v. EVERGREEN DYNASTY CORP., d/b/a MANDARIN TOUCH RESTAURANT; BRIAN MCINERNEY; KATHY S. MCINERNEY, as joint tenants, Defendants-Appellees.
No. 05-56452 D.C. No. CV-04-00450-ER Central District of California, Los Angeles ORDER
Filed April 22, 2008 Before: Jerome Farris and Ronald M. Gould, Circuit Judges, and Kevin Thomas Duffy,* District Judge.
ORDER The order denying the Petition for Rehearing En Banc in this case, filed on April 7, 2008, is amended as follows: In the second paragraph, the first full sentence is deleted and is replaced with the following text: "The full court has been advised of Plaintiff/Appellant's Petition for Rehearing En Banc, and a judge of this court requested a vote on whether this case should be reheard en banc; however, a
*The Honorable Kevin Thomas Duffy, Senior United States District Judge for the Southern District of New York, sitting by designation.
MOLSKI v. EVERGREEN DYNASTY CORP.
majority of the non-recused active judges of the court did not vote in favor of en banc consideration." A sentence is added at the end of the order stating: "Judges Graber and Fisher were recused from considering the en banc issues in this case and did not participate in the court's decision."
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 © 2008 Thomson/West.
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