Uhm, et al v. Humana Inc, et al

Filing 920090722

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
DO SUNG UHM; EUN SOOK UHM, a married couple, individually and for all others similarly situated, Plaintiffs-Appellants, v. HUMANA INC., a Delaware corporation; HUMANA HEALTH PLAN INC., a Kentucky corporation doing business as Humana, Defendants-Appellees.

No. 06-35672 D.C. No. CV-06-00185-RSM Western District of Washington, Seattle ORDER

Filed July 22, 2009 Before: Betty B. Fletcher, Richard A. Paez and Marsha S. Berzon,* Circuit Judges. ORDER Appellees' request for reconsideration shall be treated as a petition for panel rehearing and is GRANTED. The opinion filed on August 25, 2008 and reported at 540 F.3d 980 (9th Cir. 2008) is WITHDRAWN and shall not be cited as precedent. The petition for rehearing en banc is moot. The panel will file a new disposition in due course.

*Due to the unavailability of Senior District Judge William Schwarzer, Judge Berzon has been randomly drawn as a replacement judge.

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