Librarian
Member
Late today Judge Kozinski, chief judge of 9th Circuit, posted
Net effect: as if Nordyke's April 20 decision never existed.
En banc arguments the week of September 21.
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to 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 Rawlinson did not participate in the deliberations or vote in this case.
Net effect: as if Nordyke's April 20 decision never existed.
En banc arguments the week of September 21.