MATTHEW KILGORE V. KEYBANK, NATIONAL ASSOCIATION, No. 09-16703 (9th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 7, 2012.
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MATTHEW C. KILGORE, individually and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, individually and on behalf of all others similarly situated, Plaintiffs - Appellees, v. KEYBANK, NATIONAL ASSOCIATION, successor in interest to KeyBank USA, N.A.; KEY EDUCATION RESOURCES, a division of KeyBank National Association; GREAT LAKES EDUCATION LOAN SERVICES, INC., a Wisconsin corporation, Defendants - Appellants. No. 09-16703 D.C. No. 3:08-cv-02958-TEH ORDER MATTHEW C. KILGORE, individually and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, individually and on behalf of all others similarly situated, No. 10-15934 D.C. No. 3:08-cv-02958-TEH Plaintiffs - Appellants, v. KEYBANK, NATIONAL ASSOCIATION, successor in interest to KeyBank USA, N.A.; KEY EDUCATION RESOURCES, a division of KeyBank National Association; GREAT LAKES EDUCATION LOAN SERVICES, INC., a Wisconsin corporation, Defendants - Appellees. KOZINSKI, 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 Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
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