Daniel J. Bernstein, Plaintiff-appellee, v. United States Department of Justice; United States Department of Commerce; Department of State; United States Department of Defense; United States Arms Control and Disarmament Agency; National Security Agency; United States Department Ofenergy; Central Intelligence Agency; Madeline E. Albright, United States Secretary of State; William M. Daley, United States Secretary of Commerce; William Cohen, United States Secretary of Defense; Kenneth A. Minihan, Director, United States National Security Agency; John B. Holum, Director, United States Arms Control and Disarmament Agency; William G. Robinson; Gary M. Oncale; Ambassador Michael Newlin; Charles Ray; Mark Koro; Greg Stark; Defendants-appellants, 192 F.3d 1308 (9th Cir. 1999)

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U.S. Court of Appeals for the Ninth Circuit - 192 F.3d 1308 (9th Cir. 1999) Filed September 30, 1999

HUG, Chief Judge:

Upon the vote of a majority of nonrecused 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. The three-judge panel opinion, Bernstein v. U.S. Dept. of Justice, 176 F.3d 1132 (9th Cir. 1999), is withdrawn.

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