Harold Bibeau; Melanie Ann Dooyen Bibeau, on Their Own and As Representatives of Classes of Similarly Situated Persons, Plaintiffs-appellants, v. Pacific Northwest Research Foundation Incorporated, a Washington Corporation; Battelle Pacific Northwest Laboratories; Battelle Memorial Institute, Incorporated, an Ohio Corporation; Mavis Rowley; Daniel Diiaconi, Doctor in His Individual and Former Official Capacity; Fernando Leon, Doctor in His Individual and Former Official Capacity; Robert E. Wildman, in His Individual and Former Official Capacity; John Randolph Totter, in Hisindividual and Former Official Capacity; James Leslie Liverman, in His Individual and Former Official Capacity; United States of America, Defendants-appellees, 208 F.3d 831 (9th Cir. 2001)

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US Court of Appeals for the Ninth Circuit - 208 F.3d 831 (9th Cir. 2001)

April 12, 2001


Before: WALLACE and KOZINSKI, Circuit Judges, and EZRA,*  District Judge.

Prior Report: 188 F.3d 1105.

ORDER

The petition for rehearing is denied.

The third sentence of Footnote 1 of the opinion filed on August 19, 1999 is amended to read as follows:

"We do not address whether this or any other harm Bibeau claims to have suffered amounts to a cognizable injury under Bibeau's various state and federal law theories."

 *

The Honorable David Alan Ezra, United States District Judge for the District of Hawaii, sitting by designation.