HITOSHI YOSHIKAWA V. TROY SEGUIRANT, ET AL, No. 21-15970 (9th Cir. 2023)

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This opinion or order relates to an opinion or order originally issued on July 25, 2022.

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FILED FOR PUBLICATION FEB 13 2023 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT HITOSHI YOSHIKAWA, Plaintiff-Appellee, v. No. U.S. COURT OF APPEALS 21-15970 D.C. No. 1:18-cv-00162-JAO-RT District of Hawaii, Honolulu TROY K. SEGUIRANT, Individually, ORDER Defendant-Appellant, and CITY AND COUNTY OF HONOLULU; GREG TALBOYS; AGT CONSTRUCTION, LLC; JAMES A. SCHMIT, Defendants. MURGUIA, 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 opinion is vacated. Judge Bennett did not participate in the deliberations or vote in this case.

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