GLT SERVICES, INC. Dba Beverly Manor Costa Mesa; INTERNEXT GROUP v.  1531 -- 1 of 8 --  BILL LOCKYER, Attorney General, in his capacity as Attorney…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 CHAMBER OF COMMERCE OF THE
UNITED STATES; CALIFORNIA
CHAMBER OF COMMERCE;
EMPLOYERS GROUP; CALIFORNIA
HEALTHCARE ASSOCIATION;
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSN.; CALIFORNIA
ASSOCIATION OF HEALTH FACILITIES;
CALIFORNIA ASSOCIATION OF HOME
& SERVICES FOR THE AGING; BETTEC
CORPORATION; MARKSHERM
No. 03-55166 CORPORATION; ZILACO INC., ZILACO;
 DEL RIO HEALTHCARE, INC.; D.C. No.
BEVERLY HEALTH & REHABILITATION CV-02-00377-GLT
SERVICES, INC. Dba Beverly Manor
Costa Mesa; INTERNEXT GROUP,
Plaintiffs-Appellees,
AMERICAN FEDERATION OF
LABOR AND CONGRESS OF
INDUSTRIAL ORGANIZATIONS;
CALIFORNIA LABOR FEDERATION,
AFL-CIO,
Intervenors-Appellants,
v. 
1531

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 BILL LOCKYER, Attorney General,
in his capacity as Attorney
General of the State of California;
DEPARTMENT OF HEALTH SERVICES;
FRANK G. VANACORE, as the Chief
of the Audit Review and Analysis
Section of the California 
Department of Health Services;
DIANA M. BONTA, Diana M. Bonta,
R.N., Dr., P.h.D, as the Director
of the California Department of
Health Services,
Defendants. 
 CHAMBER OF COMMERCE OF THE
UNITED STATES; CALIFORNIA
CHAMBER OF COMMERCE; EMPLOYERS
GROUP; CALIFORNIA HEALTHCARE
ASSOCIATION; CALIFORNIA No. 03-55169
MANUFACTURERS AND TECHNOLOGY D.C. No.
ASSN.; CALIFORNIA ASSOCIATION OF  CV-02-00377-GLT
HEALTH FACILITIES; CALIFORNIA
ORDER ASSOCIATION OF HOME &
SERVICES FOR THE AGING; BETTEC
CORPORATION; MARKSHERM
CORPORATION; ZILACO INC., ZILACO;
DEL RIO HEALTHCARE, INC.; 
1532 CHAMBER OF COMMERCE v. LOCKYER

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 BEVERLY HEALTH & REHABILITATION
SERVICES, INC. Dba Beverly Manor
Costa Mesa; INTERNEXT GROUP,
Plaintiffs-Appellees,
and
AMERICAN FEDERATION OF
LABOR AND CONGRESS OF
INDUSTRIAL ORGANIZATIONS;
CALIFORNIA LABOR FEDERATION,
AFL-CIO,
Intervenors,
v. BILL LOCKYER, Attorney General,
in his capacity as Attorney
General of the State of California;
DEPARTMENT OF HEALTH SERVICES;
FRANK G. VANACORE, as the Chief
of the Audit Review and Analysis)
Section of the California
Department of Health Services;
DIANA M. BONTA, Diana M. Bonta,
R.N., Dr., P.h.D, as the Director
of the California Department of
Health Services,
Defendants-Appellants. 
Filed February 9, 2006
Before: Mary M. Schroeder, Chief Judge.
1533 CHAMBER OF COMMERCE v. LOCKYER

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ORDER
Upon the vote of a majority of the en banc court, the opin-
ion and dissent filed on September 6, 2005, slip op. 12167,
and appearing at 422 F.3d 973 (9th Cir. 2005), are withdrawn.
1534 CHAMBER OF COMMERCE v. LOCKYER

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© 2006 Thomson/West.

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