Opinion
No. 82-4684.
May 31, 1984.
M. Laurence Popofsky, Heller, Ehrman, White McAuliffe, San Francisco, Cal., for plaintiff-appellant.
Donald Kaul, Brownstein, Zeidman Schomer, Washington, D.C., for defendant-appellee.
Before BROWNING, Chief Judge, CHOY, GOODWIN, WALLACE, SNEED, KENNEDY, ANDERSON, HUG, TANG, SKOPIL, SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, FERGUSON, NELSON, CANBY, BOOCHEVER, NORRIS, REINHARDT, and BEEZER, Circuit Judges.
Upon a vote of a majority of the regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Rule 25 of the Rules of the United States Court of Appeals for the Ninth Circuit. The previous three-judge panel assignment, 732 F.2d 676, is withdrawn.