US EX REL. STEVEN HARTPENCE V. KINETIC CONCEPTS, INC., No. 12-55396 (9th Cir. 2014)

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The court issued a subsequent related opinion or order on July 7, 2015.

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FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 03 2014 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK UNITED STATES ex rel. STEVEN J. HARTPENCE, Plaintiff - Appellant, U.S. COURT OF APPEALS No. 12-55396 D.C. No. 2:08-cv-01885-GHKAGR v. KINETIC CONCEPTS, INC.; KCIUSA, INC., ORDER Defendants - Appellees. UNITED STATES ex rel. GERALDINE GODECKE, Plaintiff - Appellant, No. 12-56117 D.C. No. 2:08-cv-06403-GHKAGR v. KINETIC CONCEPTS, INC.; KCIUSA, INC., Defendants - Appellees. THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that Page 2 this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

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