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)Annotate this Case
April 12, 2001
Before: WALLACE and KOZINSKI, Circuit Judges, and EZRA,* District Judge.
Prior Report: 188 F.3d 1105.
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.