Milner v. U.S. Dept of Navy, No. 07-36056 (9th Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on August 5, 2009.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT GLEN SCOTT MILNER, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE NAVY, Defendant-Appellee. ï£¼ ï£½ No. 07-36056 D.C. No. CV-06-01301-JCC Western District of Washington, Seattle ï£¾ ORDER Filed May 11, 2011 On Remand From The United States Supreme Court Before: William A. Fletcher, Ronald M. Gould and Richard C. Tallman, Circuit Judges. ORDER This case returns to us on remand from the Supreme Court of the United States. Milner v. Dept. of the Navy, 575 F.3d 959 (9th Cir. 2009), reversed and remanded by 131 S. Ct. 1259 (2011). We, in turn, reverse and remand to the district court for further proceedings on an open record consistent with the Supreme Court s opinion. REVERSED and REMANDED. 6245

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