Odom

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES ODOM, 

Plaintiff-Appellant, No. 04-35468 v. MICROSOFT CORPORATION, a  D.C. No.

CV-03-02976-MJP

Washington corporation; BEST BUY

ORDER

CO., INC., a Minnesota corporation, Defendants-Appellees.  Filed September 28, 2006

Before: Mary M. Schroeder, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.

1 Judges Pregerson, McKeown, Wardlaw, Gould, Clifton, Smith, and Ikuta are recused.

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