Rivera v. NIBCO, Inc.

384 F.3d 822, 2004 WL 2086268

Opinions

BEA, Circuit Judge,

with whom Circuit Judges KOZINSKI, KLEINFELD and GOULD join,

dissenting from the denial of rehearing en banc:

ORDER

Judges Reinhardt, Siler and Hawkins voted to deny the petition for rehearing. Judges Reinhardt and Hawkins voted to deny the petition for rehearing en banc and Judge Siler so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en bane reconsideration. Fed. R. App. P. 35.

The petitions for rehearing and rehearing en bane are denied.