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Full opinion text

ORDER This case is stayed pending issuance of the mandate in Valerio v. Bayer, 2000 WL 425016, No. 98-99033. ORDER The order filed May 23, 2001, staying the mandate in this case pending issuance of the mandate in Valerio v. Bayer, No. 98-99033, 2000 WL 425016 (9th Cir. Apr. 19, 2000), reh’g en banc granted, 254 F.3d 824 (9th Cir.2001), is designated for publication. 2