Harold Bibeau Melanie Ann Dooyen Bibeau, on Their Own and as Representatives of Classes of Similarly Situated Persons v. Pacific Northwest Research Foundation Incorporated, a Washington Corporation Battelle Pacific Northwest Laboratories Battelle Memorial Institute, Incorporated, an Ohio Corporation Mavis Rowley Daniel Diiaconi, Doctor in His Individual and Former Official Capacity Fernando Leon, Doctor in His Individual and Former Official Capacity Robert E. Wildman, in His Individual and Former Official Capacity John Randolph Totter, in His Individual and Former Official Capacity James Leslie Liverman, in His Individual and Former Official Capacity United States of America

208 F.3d 831 (9th Cir. 2000)

HAROLD BIBEAU; MELANIE ANN DOOYEN BIBEAU, on their own and as Representatives of Classes of Similarly Situated Persons, Plaintiffs-Appellants,
v.
PACIFIC NORTHWEST RESEARCH FOUNDATION INCORPORATED, a Washington corporation; BATTELLE PACIFIC NORTHWEST LABORATORIES; BATTELLE MEMORIAL INSTITUTE, INCORPORATED, an Ohio Corporation; MAVIS ROWLEY; DANIEL DIIACONI, Doctor in his Individual and Former Official Capacity; FERNANDO LEON, Doctor in his Individual and Former Official Capacity; ROBERT E. WILDMAN, in His Individual and Former Official Capacity; JOHN RANDOLPH TOTTER, in His
Individual and Former Official Capacity; JAMES LESLIE LIVERMAN, in His Individual and Former Official Capacity; UNITED STATES OF AMERICA, Defendants-Appellees.

No. 97-35825

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

April 12, 2001

1

Before: WALLACE and KOZINSKI, Circuit Judges, and EZRA,* District Judge.

2

Prior Report: 188 F.3d 1105.

ORDER

3

The petition for rehearing is denied.

4

The third sentence of Footnote 1 of the opinion filed on August 19, 1999 is amended to read as follows:

5

"We do not address whether this or any other harm Bibeau claims to have suffered amounts to a cognizable injury under Bibeau's various state and federal law theories."

Notes:

*

The Honorable David Alan Ezra, United States District Judge for the District of Hawaii, sitting by designation.