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Richard Stengel; Mary Lou Stengel v. Medtronic Incorporated

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


July 25, 2012

RICHARD STENGEL; MARY LOU STENGEL, PLAINTIFFS - APPELLANTS,
v.
MEDTRONIC INCORPORATED, A FOREIGN CORPORATION, DEFENDANT - APPELLEE.

D.C. No. 4:10-cv-00318-RCC

The opinion of the court was delivered by: Kozinski, Chief Judge:

FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

ORDER

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Fed. R. App. P. 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.

Judges Wardlaw, Murguia and Hurwitz did not participate in the deliberations or vote as to whether the case should be taken en banc.

20120725

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