SUNEARTH, INC. V. SUN EARTH SOLAR POWER CO., No. 13-17622 (9th Cir. 2016)

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This opinion or order relates to an opinion or order originally issued on May 24, 2016.

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FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 14 2016 FOR THE NINTH CIRCUIT SUNEARTH, INC., a California corporation; THE SOLARAY CORPORATION, a Hawaiian corporation, No. D.C. No. 4:11-cv-04991-CW Northern District of California, Oakland ORDER SUN EARTH SOLAR POWER CO., LTD., FKA Ningbo Solar Electric Power Co., Ltd., a Chinese limited liability company; NBSOLAR USA INC., a California corporation, Defendants-Appellees. U.S. COURT OF APPEALS 13-17622 Plaintiffs-Appellants, v. MOLLY C. DWYER, CLERK No. SUNEARTH, INC., a California corporation; THE SOLARAY CORPORATION, a Hawaiian corporation, 15-16096 D.C. No. 4:11-cv-04991-CW Northern District of California, Oakland Plaintiffs-Appellants, v. SUN EARTH SOLAR POWER CO., LTD., FKA Ningbo Solar Electric Power Co., Ltd., a Chinese limited liability company; NBSOLAR USA INC., a California corporation, Defendants-Appellees. THOMAS, 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 Circuit Rule 35-3. The three-judge panel disposition shall not be cited as precedent by or to any court of the Ninth Circuit. 2

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