State of Idaho v. Lon T. Horiuchi
State of IDAHO, Plaintiff-Appellant, v. Lon T. HORIUCHI, Defendant-Appellee
Opinion
ORDER 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 shall not be cited as precedent by or to this court or any district court of the Ninth *1070 Circuit, except to the extent adopted by the en banc court.
1
. Judges Trott, Wardlaw and Fisher were re-cused.
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