Hodgers-Durgin v. de la Vina

*762ORDER

Upon the vote of a majority of nonre-cused regular active judges of this court, it is ordered that this case be reheard by the enbanc court pursuant to Circuit Rule 35-3. The three-judge panel opinion, Hodgers-Durgin v. de la Vina, 165 F.3d 667 (9th Cir.1999), is withdrawn.