Ronald Roy Henderson v. United States

ORDER

The Opinion, previously filed March 11, 1986 and amended opinions are hereby withdrawn.

The members of the panel that decided this case voted unanimously to deny the petition for rehearing and voted unanimously to reject the suggestion for rehearing en banc.

The full court was advised of the suggestion for en banc rehearing, and a majority of the judges voted against rehearing en banc. Fed.R.App.P. 35(b).

The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected.

OPINION

Although the Circuit has decided not to hear this case en banc, the petition for rehearing and suggestion for rehearing en banc led the panel to reread the entire 18 volume district court transcript. Our review revealed several pertinent facts that alter our prior analysis. Because the facts and legal issues presented in this case are fully explained in Henderson v. United States, 827 F.2d 1233 (9th Cir.1987), we do not restate them here. The discoveries made by this panel while reviewing the record do not alter our analysis of presumed negligence in Part III A. of that opinion. However, we find it necessary to replace Parts II and III B., on foreseeability and…