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FORSYTH v. HUMANA, INC.

No. 94-16548.

114 F.3d 1467 (1997)

Mary FORSYTH; Marrietta Cade; Willie Andrews; Mary Lou Buehler; Helen Staves; Randolph Bratten; and Searle Auto Glass, Inc., d/b/a Best Glass Company, Plaintiffs-Appellants, v. HUMANA, INC., a Delaware corporation; Humana Health Insurance of Nevada, Inc., a Nevada corporation; and DOES I through X, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion filed November 5, 1996.

Opinion Withdrawn May 23, 1997.

Decided May 23, 1997.

Attorney(s) appearing for the Case

Will Kemp, J. Randall Jones, Harrison, Kemp & Jones, Chtd., Las Vegas, NV, W.B. Markovits, Markovits & Greiwe, Cincinnati, OH, for plaintiffs-appellants.

David N. Frederick, Las Vegas, NV, Robert N. Eccles, O'Melveney & Myers, Washington, DC, for defendants-appellees.

Before: WALLACE and THOMPSON, Circuit Judges, and THOMPSON, District Judge.

Opinion by Judge DAVID R. THOMPSON; Partial Concurrence and Partial Dissent by Judge WALLACE.

ORDER

An opinion in this case was filed November 5, 1996, and published at 99 F.3d 1504 (9th Cir.1996).

On November 19, 1996, the appellees filed a petition for rehearing and suggestion for rehearing en banc. The panel voted unanimously to grant the petition for rehearing, withdraw the opinion filed November 5, 1996, and...

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