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KELLY v. FLEETWOOD ENTERPRISES, INC.

No. 03-35050.

377 F.3d 1034 (2004)

Robert E. KELLY; Virginia L. Kelly, Plaintiffs-Appellants, v. FLEETWOOD ENTERPRISES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed May 27, 2004.

Amended July 23, 2004.

Attorney(s) appearing for the Case

Danny H. Gerlt, Portland, OR, for the plaintiffs-appellants.

Thomas W. Sondag, Vicki L. Smith, Lane Powell Spears Lubersky LLP, Portland, OR, for the defendant-appellee.

Before: GOODWIN, McKEOWN, and FISHER, Circuit Judges.

ORDER

The Opinion filed on May 27, 2004, is amended. The attached amended Opinion shall be filed.

With the amendments, the panel has voted to deny the petition for panel rehearing. Judges McKeown and Fisher have voted to deny the petition for rehearing en banc, and Judge Goodwin so recommends.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App...

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