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PRICE v. U.S. I.N.S.

No. 89-16457.

962 F.2d 836 (1992)

John Eric PRICE, Petitioner-Appellant, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1991.

Withdrawn April 20, 1992.

Order and Opinion Filed April 20, 1992.

Attorney(s) appearing for the Case

Pillsbury Madison & Sutro, Walter R. Allan, Edward V. Anderson, Barbara R. Shufro, Michael F. La Bianca, San Jose, Cal., ACLU of Northern California, Edward Chen, San Francisco, Cal., Kai H. Wessels, Law Offices of Kai H. Wessels, San Jose, Cal., for petitioner-appellant.

Lowell V. Sturgill, Jr., U.S. Dept. of Justice, Washington, D.C., for respondent-appellee.

Before BEEZER and NOONAN, Circuit Judges and JAMES K. SINGLETON, District Judge.

ORDER

The full court has been advised of the suggestion for rehearing en banc. Judge Beezer rejected the suggestion for rehearing en banc and Judge Singleton recommended rejection. Judge Noonan approved the suggestion for rehearing en banc. An active judge called for a vote on the suggestion and a majority of active judges voted not to rehear the matter en banc. The panel resumed control of the case February 25, 1992.

The panel has unanimously voted to grant...

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