State of Arizona v. Asarco LLC

Opinion

FILED

FOR PUBLICATION FEB 28 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF ARIZONA; TERRY L. No. 11-17484 GODDARD, Attorney General for the State of Arizona; ARIZONA D.C. No. 4:08-cv-00441-MWB DEPARTMENT OF LAW, Civil Rights Division, ORDER

Plaintiffs - Appellees,

ANGELA AGUILAR,

Intervenor-Plaintiff -

Appellee,

v. ASARCO LLC, Defendant - Appellant.

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.