Olean Wholesale Grocery Co-op v. Bumble Bee Foods LLC

Aug 3, 2021
19-56514
Versions:

FOR PUBLICATION

Plaintiffs-Appellees,

and

JESSICA DECKER; JOSEPH A. LANGSTON; SANDRA POWERS; GRAND SUPERCENTER, INC.; THE CHEROKEE NATION; US FOODS, INC.; SYSCO CORPORATION; GLADYS, LLC; SPARTANNASH COMPANY; BRYAN ANTHONY REO,

Plaintiffs,

v.

Defendants-Appellants,

and

Defendants.

Filed August 3, 2021

ORDER

THOMAS, 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 is vacated.

Judges McKeown, Wardlaw, Berzon, Owens, Miller, Collins, Bress, and Forrest did not participate in the deliberations or vote in this case.