ORDER
Upon the vote of a majority of 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 35-3.
No. 05-30585.
United States Court of Appeals, Ninth Circuit.
Jan. 5, 2007.
Stephen F. Peifer, Esq., USPO — Office of the U.S. Attorney Mark O. Hatfield, Portland, OR, for Plaintiff-Appellee.
Marc D. Blackman, Esq., Kendra Matthews, Ransom & Blackmon, LLP, Portland, OR, for DefendanbAppellant.
ORDER
Upon the vote of a majority of 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 35-3.
472 F.3d 1104
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