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KEARNEY v. STANDARD INS. CO.

Nos. 96-16539, 96-16701.

175 F.3d 1084 (1999)

Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Amended May 19, 1998.

Amended June 3, 1998.

Rehearing Granted and Opinion Withdrawn August 3, 1998.

Argued and Submitted September 24, 1998.

Filed April 28, 1999.

Attorney(s) appearing for the Case

Marjorie E. Manning, Bolling, Walter & Gawthrop, Sacramento, California, for the plaintiff-appellant.

Michael A. Conley (briefed and argued), Shawn Hanson (briefed), Pillsbury, Madison & Sutro, San Francisco, California, for the defendant-appellee.

Timothy D. Hauser, United States Department of Labor, Washington, D.C., for amicus Secretary of Labor.

Before: HUG, Chief Judge, SNEED, FLETCHER, REINHARDT, KOZINSKI, O'SCANNLAIN, TROTT, FERNANDEZ, T. G. NELSON, KLEINFELD AND SILVERMAN, Circuit Judges.

Rehearing En Banc Granted and Opinion Withdrawn August 3, 1998.

KLEINFELD, J., delivered the opinion of the Court, which is joined in full by Chief Judge HUG, Judge SNEED, Judge KOZINSKI, and Judge TROTT. Parts I and II are additionally joined by Judge FLETCHER and Judge SILVERMAN. Part I is additionally joined by Judge REINHARDT. Parts II, III, and IV are additionally joined by Judge O'SCANNLAIN.

Opinion by Judge KLEINFELD; Partial Concurrence and Partial...

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