Paul Parker v. Bnsf Railway Company

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 12 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL W. PARKER, as Personal No. 22-35695 Representative of the Estate of Curtis John Rookaird, D.C. No. 2:14-cv-00176-RAJ Western District of Washington, Plaintiff-Appellant, Seattle

v. ORDER

BNSF RAILWAY COMPANY, a Delaware corporation,

Defendant-Appellee.

MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c)

and Circuit Rule 40-3. The three-judge panel opinion is vacated.

Judge Christen did not participate in the deliberations or vote in this case.