Rex T. Kearney, Jr. v. Standard Insurance Company, Rex T. Kearney, Jr. v. Standard Insurance Company

152 F.3d 1098 Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee. Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-Appellee. Nos. 96-16539, 96-16701. United States Court of Appeals, Ninth Circuit. Aug. 3, 1998. HUG, Chief Judge. [1] Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion, Kearney v. Standard Insurance Company, 144 F.3d 597 (9th Cir.1998), is withdrawn.