Columbia Steel Casting Co. v. Portland General Electric Co.

Good Law
111 F.3d 1427·97 Daily Journal DAR 4457·1996 WL 875737·1996 U.S. App. LEXIS 39499·97 Cal. Daily Op. Serv. 2503
United States Court of Appeals for the Ninth CircuitDecember 27, 1996Nos. 93-35902, 93-35958California9,442 words

Opinion

Lead Opinion

Norris, J.

*1432 ORDER

The opinion filed on December 27, 1996, 103 F.3d 1446 , is amended as follows:

With the above amendments, the panel, as constituted above, has voted unanimously to deny the petition for rehearing. Judge Browning has voted to reject the suggestion for a rehearing en banc, and Judges Reavley and Norris have recommended the same.

The full court has been advised of the suggestion for en banc rehearing and no judge of the court has requested a vote on the suggestion for 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.

ORDER

The Petition for Rehearing, filed August 3, 1995, is hereby GRANTED.

The Opinion filed July 20, 1995, and reported at 60 F.3d 1390 ,1396 (9th Cir.1995), is WITHDRAWN and the attached Opinion is ordered filed instead.

OPINION

TABLE OF CONTENTS

I. Facts and Procedural History...............................................1433

II. State-Action Immunity....................................................1436

A. The Midcal Clear Articulation Requirement...............................1436

B. Issue Preclusion…

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