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

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

Prior Report: 188 F.3d 1105.

ORDER

The petition for rehearing is denied.

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

"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.