In Mohamed v. Jeppesen Dataplan, Inc. and United States of America (08-15693), the Ninth Circuit voted to hear the case en banc and vacate the panels decision. The now vacated opinion was filed on April 28, 2009 and amended on August 31, 2009. The original opinion can be found here and the vacated opinion can be found here.
CBS 5 has an article here about the order granting en banc review.
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