State of Arizona v. Asarco LLC

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF ARIZONA; TERRY L. No. 11-17484 GODDARD, Attorney General for the State of Arizona; ARIZONA D.C. No. DEPARTMENT OF LAW, Civil Rights 4:08-cv-00441- Division, MWB Plaintiffs-Appellees, ANGELA AGUILAR, ORDER Intervenor-Plaintiff-Appellee, v. ASARCO LLC, Defendant-Appellant. Filed February 28, 2014 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.