Richards v. Prieto

THOMAS, Chief Judge

Alan Gura, Gura & Possessky, PLLC, Alexandria, VA, Donald Kilmer, Jr., The Law Offices of Donald Kilmer, San Jose, CA, for Plaintiffs–Appellants.

Bruce A. Kilday, Serena M. Warner, Esquire, John A. Whitesides, Esquire, Angelo, Kilday & Kilduff, Sacramento, CA, for Defendants–Appellees.

THOMAS, 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 disposition shall not be cited as precedent by or to any court of the Ninth Circuit.