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harold-bibeau-melanie-ann-dooyen-bibeau-on-their-own-and-as , 208 F.3d 831 ( 2001 )


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  • 208 F.3d 831 (9th Cir. 2000)

    HAROLD BIBEAU; MELANIE ANN DOOYEN BIBEAU, on their own and as Representatives of Classes of Similarly Situated Persons, Plaintiffs-Appellants,
    v.
    PACIFIC NORTHWEST RESEARCH FOUNDATION INCORPORATED, a Washington corporation; BATTELLE PACIFIC NORTHWEST LABORATORIES; BATTELLE MEMORIAL INSTITUTE, INCORPORATED, an Ohio Corporation; MAVIS ROWLEY; DANIEL DIIACONI, Doctor in his Individual and Former Official Capacity; FERNANDO LEON, Doctor in his Individual and Former Official Capacity; ROBERT E. WILDMAN, in His Individual and Former Official Capacity; JOHN RANDOLPH TOTTER, in His
    Individual and Former Official Capacity; JAMES LESLIE LIVERMAN, in His Individual and Former Official Capacity; UNITED STATES OF AMERICA, Defendants-Appellees.

    No. 97-35825

    UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

    April 12, 2001

    1

    Before: WALLACE and KOZINSKI, Circuit Judges, and EZRA,* District Judge.

    2

    Prior Report: 188 F.3d 1105.

    ORDER

    3

    The petition for rehearing is denied.

    4

    The third sentence of Footnote 1 of the opinion filed on August 19, 1999 is amended to read as follows:

    5

    "We do not address whether this or any other harm Bibeau claims to have suffered amounts to a cognizable injury under Bibeau's various state and federal law theories."

    Notes:

    *

    The Honorable David Alan Ezra, United States District Judge for the District of Hawaii, sitting by designation.