United States v. 2009-02-13 | 04-16688 | DUKES V. WAL-MART, INC. | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 BETTY DUKES; PATRICIA SURGESON;
CLEO PAGE; DEBORAH GUNTER;
KAREN WILLIAMSON; CHRISTINE
No. 04-16688 KWAPNOSKI; EDITH ARANA,
 Plaintiffs-Appellees, D.C. No.
CV-01-02252-MJJ v.
WAL-MART, INC.,
Defendant-Appellant. 
 BETTY DUKES; PATRICIA SURGESON;
CLEO PAGE; DEBORAH GUNTER;
KAREN WILLIAMSON; CHRISTINE No. 04-16720
KWAPNOSKI; EDITH ARANA, D.C. No.
 Plaintiffs-Appellants, CV-01-02252-MJJ
v. ORDER
WAL-MART, INC.,
Defendant-Appellee. 
Filed February 13, 2009
ORDER
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it
is ordered that this case be reheard en banc pursuant to Circuit
Rule 35-3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
1935

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Judges McKeown, Rawlinson and Bybee did not participate
in the deliberations or vote in this case.
1936 DUKES v. WAL-MART, INC.

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