In re: First Southern National Bank, et al v. Sunnyslope Housing Limited Par

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Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that these cases 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. [10132616] [12-17241, 12-17327, 13-16164, 13-16180]

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Case: 12-17241, 09/22/2016, ID: 10132616, DktEntry: 90, Page 1 of 3 FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 22 2016 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK In re: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, No. U.S. COURT OF APPEALS 12-17241 Debtor, ______________________________ D.C. No. 2:11-cv-02579-HRH District of Arizona, Phoenix FIRST SOUTHERN NATIONAL BANK, ORDER Plaintiff-Appellant, v. SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Defendant-Appellee. Case: 12-17241, 09/22/2016, ID: 10132616, DktEntry: 90, Page 2 of 3 No. In re: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, 12-17327 D.C. No. 2:11-cv-02579-HRH District of Arizona, Phoenix Debtor, ______________________________ SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Plaintiff-Appellant, v. FIRST SOUTHERN NATIONAL BANK, Defendant-Appellee. No. In re: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, 13-16164 D.C. No. 2:12-cv-02700-HRH District of Arizona, Phoenix Debtor, ______________________________ FIRST SOUTHERN NATIONAL BANK, Plaintiff-Appellant, v. SUNNYSLOPE HOUSING LP, Defendant-Appellee. 2 Case: 12-17241, 09/22/2016, ID: 10132616, DktEntry: 90, Page 3 of 3 No. In re: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, 13-16180 D.C. No. 2:12-cv-02700-HRH District of Arizona, Phoenix Debtor, ______________________________ SUNNYSLOPE HOUSING LP, Plaintiff-Appellant, v. FIRST SOUTHERN NATIONAL BANK, Defendant-Appellee. THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that these cases 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. 3

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