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ESTATE OF BARTON v. ADT SEC. SERVICES PENSION PLAN

No. 13-56379.

837 F.3d 1014 (2016)

ESTATE OF Bruce H. BARTON, Plaintiff-Appellant, v. ADT SECURITY SERVICES PENSION PLAN, a pension plan; Tyco International Management Company, as plan sponsor; Tyco International Management Company, LLC, Administrative Committee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2016.

Attorney(s) appearing for the Case

Morris S. Getzels (argued), Morris S. Getzels Law Office, Tarzana, California, for Plaintiff-Appellant.

Stuart D. Tochner (argued), Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Los Angeles, California, for Defendants-Appellees.

Dissent by Judge N.R. Smith.

ORDER

Judges Kozinski and Owens have voted to deny the petition for panel rehearing and rehearing en banc. Judge Ikuta has voted to grant the petition for panel rehearing and rehearing en banc.

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...

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