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10-36142 - Estate of Henry Barabin, et al v. AstenJohnson, Inc.


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10-36142 - Estate of Henry Barabin, et al v. AstenJohnson, Inc.
November 16, 2012
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FILED OPINION (A. WALLACE TASHIMA, SUSAN P. GRABER and JOHNNIE B. RAWLINSON) VACATED; REMANDED. Judge: AWT Concurring, Judge: SPG Concurring, Judge: JBR Authoring. EACH PARTY SHALL BEAR ITS OWN COSTS ON APPEAL. FILED AND ENTERED JUDGMENT. [8404728] [10-36142, 11-35020]
March 25, 2013
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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]
January 15, 2014
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FILED OPINION (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, M. MARGARET MCKEOWN, WILLIAM A. FLETCHER, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, JAY S. BYBEE, MILAN D. SMITH, JR., N. RANDY SMITH, JACQUELINE H. NGUYEN and PAUL J. WATFORD) VACATED; REMANDED. Each party shall bear its own costs on appeal. Judge: NRS Authoring, Judge: JHN Concurring & dissenting, FILED AND ENTERED JUDGMENT. [8938763] [10-36142, 11-35020]