Opinion
NOT FOR PUBLICATION
Argued and Submitted May 5, 2006 Portland, Oregon
Submission Deferred May 11, 2006
Resubmitted September 5, 2006
Appeal from the United States District Court for the District of Oregon, D.C. No. CV-03-01381-AS, Donald C. Ashmanskas, Magistrate, Presiding
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., 2006 WL 2347660 (9th Cir. 2006).
No costs.