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NELSON v. NATIONAL AERONAUTICS AND SPACE ADMIN.

No. 07-56424.

568 F.3d 1028 (2009)

Robert M. NELSON; et al., Plaintiffs-Appellants, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, an Agency of the United States; et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 4, 2009.

Attorney(s) appearing for the Case

Virginia Keeny, Esquire, Dan Stormer, Hadsell Stormer Keeny Richardson & Renick, LLP, Pasadena, CA, for Plaintiffs-Appellants.

Wendy Ertmer, Esquire, Vesper Mei, Esquire, Mark B. Stern, Melissa N. Patterson, U.S. Department of Justice, Washington, DC, Mark T. Cramer, Mark Charles Holscher, Esquire, Alexander Pilmer, Esquire, Kirkland & Ellis, LLP, Los Angeles, CA, for Defendants-Appellees.

Jennifer Granick, Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae.

Order; Concurrence by Judge WARDLAW; Dissent by Judge CALLAHAN; Dissent by Judge KLEINFELD; Dissent by Chief Judge KOZINSKI.

ORDER

Judges Thompson, Wardlaw, and Reed voted to deny Appellees' petition for panel rehearing. Judge Wardlaw voted to deny Appellees' petition for rehearing en banc, and Judges Thompson and Reed so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration...

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