Opinion
Argued and Submitted May 5, 2006.
Submission Deferred May 11, 2006.
Resubmitted Sept. 6, 2006.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Ralph E. Wiser, III, Esq., Lake Oswego, OR, for Plaintiff-Appellant.
R. Daniel Lindahl, Esq., Katherine S. Somervell, Esq., Bullivant Houser Bailey, PC, Portland, OR, for Defendants-Appellees.
Appeal from the United States District Court for the District of Oregon, Donald C. Ashmanskas, Magistrate, Presiding. D.C. No. CV-03-01381-AS.
Before: NOONAN, TASHIMA, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
The district court judgment in this case is vacated. We remand to the district court for reconsideration in light of this court's recent en banc decision in Abatie v. Alta Health and Life Ins. Co., 458 F.3d 955 (9th Cir.2006).
Page 725.
No costs.