Espinosa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANCISCO J. ESPINOSA,  No. 06-16421 Plaintiff-Appellant, D.C. No. v. CV-04-00447-RCC

UNITED STUDENT AID FUNDS, INC.,  ORDER

Defendant-Appellee. AMENDING

OPINION AND

AMENDED

 OPINION

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding

Argued and Submitted April 16, 2008 Submission Vacated June 24, 2008 Resubmitted August 29, 2008 San Francisco, California

Filed October 2, 2008 Amended December 10, 2008

Before: Alex Kozinski, Chief Judge, A. Wallace Tashima and N. Randy Smith, Circuit Judges.

Opinion by Chief Judge Kozinski

16181 16184 ESPINOSA v. UNITED STUDENT AID FUNDS

COUNSEL

Michael J. Meehan, Munger Chadwick, Tucson, Arizona; James L. Robinson, Jr., Robinson & Rylander, P.C., Tucson, Arizona, for the plaintiff-appellant.

Madeleine C. Wanslee, Gust Rosenfeld P.L.C., Phoenix, Ari- zona, for the defendant-appellee.

ORDER

The opinion filed October 2, 2008 is amended as follows:

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