FILED FOR PUBLICATION DEC 30 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLAUDE CASSIRER, No. 06-56325 Plaintiff - Appellee, D.C. No. CV-05-03459-GAF v. ORDER KINGDOM OF SPAIN, a foreign state, Defendant, and THYSSEN-BORNEMISZA COLLECTION FOUNDATION, an agency or instrumentality of the Kingdom of Spain, Defendant - Appellant.

Page 2 CLAUDE CASSIRER, No. 06-56406 Plaintiff - Appellee, D.C. No. CV-05-03459-GAF v. KINGDOM OF SPAIN, a foreign state, Defendant - Appellant, and THYSSEN-BORNEMISZA COLLECTION FOUNDATION, an agency or instrumentality of the Kingdom of Spain, Defendant.

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 Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.