STENGEL v. MEDTRONIC INC.

No. 10-17755.

686 F.3d 1121 (2012)

Richard STENGEL; Mary Lou Stengel, Plaintiffs-Appellants, v. MEDTRONIC INCORPORATED, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 25, 2012.


Attorney(s) appearing for the Case

Thomas G. Cotter , Haralson Miller Pitt Feldman & McAnally, PLC, Tucson, AZ, for Plaintiffs-Appellants.

Michael Kevin Brown , Lisa Marie Baird , Ginger Pigott, Esquire , Reed Smith, LLP, Los Angeles, CA, Timothy James Casey, Esquire , Litigation Counsel, Schmitt, Schneck, Smyth & Herrod PC, Phoenix, AZ, for Defendant-Appellee.


ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Fed. R.App. P. 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Wardlaw, Murguia and Hurwitz did not participate in the deliberations or vote as to whether the case should...

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