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COMPASSION IN DYING v. STATE OF WASH.

No. 94-35534.

85 F.3d 1440 (1996)

COMPASSION IN DYING, a Washington nonprofit corporation; Jane Roe; John Doe; James Poe; Harold Glucksberg, M.D., Plaintiffs-Appellees, v. STATE OF WASHINGTON; Christine Gregoire, Attorney General of Washington, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

June 12, 1996.

AMENDED ORDER

An active judge sua sponte requested that the full court rehear this case en banc. The request failed to receive a majority of the votes of the non-recused active judges. The request is rejected.

O'SCANNLAIN, Circuit Judge, joined by TROTT and KLEINFELD, Circuit Judges, dissenting from order rejecting request for rehearing en banc by the full court:

By promulgating a new constitutional right, one unheard of in over two hundred years...

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