Trachsel v. Rogers Terminal & Shipping Corp.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Opinion filed on December 30, 2009, is amended as follows: on slip Opinion page 16888, delete the word in the first sentence of the section with the title < CON CLUSION >.

The panel has unanimously voted to deny the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing en banc is therefore DENIED. No further petitions for rehearing will be accepted.

OPINION

WHYTE, District Judge:

Dav…