Henry Barabin v. AstenJohnson Inc

Filing

Filed Order for PUBLICATION (ALEX KOZINSKI, Chief Judge) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judge Christen did not participate in the deliberations or vote in this case. [8563522] [10-36142, 11-35020]

Case: 10-36142

03/25/2013

ID: 8563522

DktEntry: 93

Page: 1 of 2

FILED
FOR PUBLICATION
UNITED STATES COURT OF APPEALS

MAR 25 2013
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ESTATE OF HENRY BARABIN;
GERALDINE BARABIN, personal
representative,

No. 10-36142
D.C. No. 2:07-cv-01454-RSL

Plaintiffs - Appellees,
ORDER
v.
ASTENJOHNSON, INC.,
Defendant - Appellant.

ESTATE OF HENRY BARABIN;
GERALDINE BARABIN,

No. 11-35020
D.C. No. 2:07-cv-01454-RSL

Plaintiffs - Appellees,
v.
ASTENJOHNSON, INC.,
Defendant,
and
SCAPA DRYER FABRICS, INC.,
Defendant - Appellant.

Case: 10-36142

03/25/2013

ID: 8563522

DktEntry: 93

Page: 2 of 2

Page 2
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)
and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
Judge Christen did not participate in the deliberations or vote in this case.