State of Arizona, et al v. ASARCO LLC

Filing

Filed Order for PUBLICATION (ALEX KOZINSKI) 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. [8996792]

Case: 11-17484

02/28/2014

ID: 8996792

DktEntry: 67

Page: 1 of 1

FILED
FEB 28 2014

FOR PUBLICATION
UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF ARIZONA; TERRY L.
GODDARD, Attorney General for the
State of Arizona; ARIZONA
DEPARTMENT OF LAW, Civil Rights
Division,

No. 11-17484
D.C. No. 4:08-cv-00441-MWB

ORDER
Plaintiffs - Appellees,
ANGELA AGUILAR,
Intervenor-Plaintiff Appellee,
v.
ASARCO LLC,
Defendant - Appellant.

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.