UNITED STATES of America, Plaintiff-Appellant,
v.
W.R. GRACE; Alan R. Stringer; Henry A. Eschenbach; Jack W. Wolter; J. McCaig; Robert J. Bettacchi; O. Mario Favorito; Robert C. Walsh, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Filed October 29, 2007.
Filed October 29, 2007.
Attorney(s) appearing for the Case
Todd S. Aagaard, Esq., Allen M. Brabender, Esq., U.S. Department of Justice Environment & Natural Resources Division, Washington, DC, for Plaintiff-Appellant.
Stephen R. Brown, Jr., Esq., Garlington Lohn & Robinson, PLLP, Michael F. Bailey, Bailey & Antenor, Michael J. Milodragovich, Esq., Milodragovich Dale & Dye, PC, C.J. Johnson, Axelberg & Kalkstein, PLLC, Missoula, MT, Michael D. Shumsky, Esq., Kirkland & Ellis, LLP, Washington, DC, Ronald F. Waterman, Esq., Gough Shanahan Johnson & Waterman, Catherine A. Laughner, Browning Kaleczyc Berry & Hoven, Helena, MT, Brian K. Gallik, Esq., Goetz Gallik Baldwin & Dolan, PC, Bozeman, MT, for Defendants-Appellees.
Before: Mary M. SCHROEDER, Chief Judge.
United States Court of Appeals, Ninth Circuit.
ORDER
Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the...
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