Mohamed

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BINYAM MOHAMED; ABOU ELKASSIM 

BRITEL; AHMED AGIZA; MOHAMED

FARAG AHMAD BASHMILAH; BISHER

AL-RAWI, No. 08-15693 Plaintiffs-Appellants, v.  D.C. No. 5:07-CV-02798-JW

JEPPESEN DATAPLAN, INC., ORDER

Defendant-Appellee,

UNITED STATES OF AMERICA,

Intervenor-Appellee.  Filed October 27, 2009

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Reinhardt, McKeown, Gould, Bybee, Milan D. Smith, Jr. and Ikuta did not participate in the deliberations or vote in this case.

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