Mohamed v. Jeppesen Dataplan, Inc.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BINYAM MOHAMED; ABOU ELKASSIM  BRITEL; AHMED AGIZA; MOHAMED FARAG AHMAD BASHMILAH; BISHER AL-RAWI, No. 08-15693 Plaintiffs-Appellants, v.  D.C. No. 5:07-CV-02798-JW JEPPESEN DATAPLAN, INC., ORDER Defendant-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellee.  Filed October 27, 2009 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any…