FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

ESTATE OF HENRY BARABIN ; No. 10-36142 GERALDINE BARABIN , personal representative, D.C. No. Plaintiffs-Appellees, 2:07-cv-01454- RSL v.

ASTEN JOHNSON , INC., Defendant-Appellant.

ESTATE OF HENRY BARABIN ; No. 11-35020 GERALDINE BARABIN , Plaintiffs-Appellees, D.C. No. 2:07-cv-01454- v. RSL

ASTEN JOHNSON , INC., Defendant, ORDER

and

SCAPA DRYER FABRICS, INC., Defendant-Appellant.

Filed March 25, 2013 2 ESTATE OF BARABIN V . ASTEN JOHNSON , INC.

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 Federal Rule of Appellate Procedure 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.

Judge Christen did not participate in the deliberations or vote in this case.