Opinion
Order filed June 5, 2000
Vacating the June 12, 2000 Oral Argument.
The panel finds this case appropriate for submission without oral argument pursuant to Federal Rule of Appellate Procedure 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Eastern District of California, Frank C. Damrell, Jr., District Judge, Presiding.
Before Chief Judge SCHROEDER, HAWKINS and FISHER, 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 Ninth Circuit Rule 36-3.
The district court's dismissal of this case is vacated in light of the Supreme Court's decision in Central Green Co. v. United States, 531 U.S. 425, 121 S.Ct. 1005, 148 L.Ed.2d 919 (2001), and the case is remanded for further proceedings consistent with that decision.
VACATED and REMANDED.