Upon the vote of a majority of nonre-cused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion, Burlington Northern Santa Fe Railway Co. v. Teamsters Local 174, 170 F.3d 897 (9th Cir.1999), is withdrawn.
Notes
. Judge Wardlaw was recused.
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