Opinion
Nos. 96-15490, 96-15543, 96-15791, 97-55115, 97-15158
Argued and Submitted July 23, 1998 — San Francisco, California
Filed November 30, 1998 Amended February 23, 1999
Appeal from the United States District Court for the Northern District of California Thelton E. Henderson, District Judge, Presiding D.C. No. CV-95-00504-TEH.
Appeal from the United States District Court for the District of Hawaii Helen Gillmor, District Judge, Presiding D.C. No. CV-94-00963-HG/FIY.
Appeal from the United States District Court for the Northern District of California D. Lowell Jensen, District Judge, Presiding D.C. No. CV-93-04044-DLJ.
Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding D.C. No. CV-95-02530-NAJ.
Appeal from the United States District Court for the Northern District of California D. Lowell Jensen, District Judge, Presiding D.C. No. CV-96-03253-DLJ.
Before: Procter Hug, Jr., Chief Judge, James R. Browning, Betty Binns Fletcher, Melvin Brunetti, David R. Thompson, Ferdinand F. Fernandez, Pamela Ann Rymer, Thomas G. Nelson, Andrew J. Kleinfeld, A. Wallace Tashima, and Barry G. Silverman, Circuit Judges.
ORDER
Appellee American Airlines filed a "Petition for Rehearing and Suggestion for Rehearing En Banc" due to a factual eror in the Opinion. The Opinion filed in this case on November 30, 1998 is amended at Slip op. page 13310, last three lines through page 13311, line 1, {160 F.3d at 1262], as follows;
The last sentence on Slip op. page 13310, {160 F.3d at 1262] and carrying over to the next page should read: "Prior to obtaining the required certificate, Newman was not permitted to board and was required to stay overnight at a motel."
With this amendment, the en banc panel votes to deny the petition for rehearing and rejects the suggestion for rehearing en banc.