Silver v. Queen's Hospital

ORDER OF AFFIRMANCE Before MERRILL, DUNIWAY and INGRAHAM, * Circuit Judges. For reasons that in our judgment do not warrant their publication as opinion under standards recognized by this court, 1 but are set forth in the accompanying memorandum. Judgment is affirmed. . See: Rule 21, Rules of the United States Court of Appeals for the Ninth Circuit. Judge Boldt (one of six judges who participated in proceedings in the district court) published a Memorandum Decision and Order in connection with dismissal of the complaint with leave to amend. Silver v. Queen’s Hospital, 53 F.R.D. 223 (D.Haw.1971). Appeal here does not turn on any action there taken and Judge Boldt’s rulings accordingly are not here under review. ON PETITION FOR REHEARING The panel as constituted in the above case has voted to deny the petition for rehearing. The panel, with Judge Ingraham refraining from voting, has voted to reject the suggestion for a rehearing in banc. The full court has been advised of the suggestion for an in banc hearing, and no judge of the court has requested a vote on the suggestion for rehearing in banc. Fed.R.App.P. 35(b). • The petition for rehearing is denied and the suggestion for a rehearing in banc is rejected.