Court of Appeals for the Ninth Circuit June 7, 1999, No. 92-55675 (Epstein v. MCA, Inc.)

lead-opinion

Opinion by Judge O’SCANNLAIN; Concurrence by Judge WIGGINS; Dissent by Judge THOMAS.

ORDER

The opinion filed on October 22, 1997, and reported at 126 F.3d 1235 (9th Cir.1997), is withdrawn, and the attached opinion filed in its place.

OPINION

O’SCANNLAIN, Circuit Judge:

We reconsider our decision in this case which is still before us on remand from the United States Supreme Court.