Paul Parker v. Bnsf Railway Company

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 12 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PAUL W. PARKER, as Personal No. 22-35695 Representative of the Estate of Curtis John Rookaird, D.C. No. 2:14-cv-00176-RAJ Western District of Washington, Plaintiff-Appellant, Seattle v. ORDER BNSF RAILWAY COMPANY, a Delaware corporation, Defendant-Appellee. MURGUIA, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The three-judge panel opinion is vacated. Judge Christen did not participate in the deliberations or vote in this case.