Before BROWNING, Chief Judge, GOODWIN, WALLACE, HUG, TANG, s SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, NELSON, CANBY, NORRIS, REINHARDT, BEEZER, HALL, WIGGINS, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, O’SCANNLAIN, LEAVY, and TROTT, Circuit Judges.
Upon the vote of a majority of the nonre-cused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 36-3.
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