State of Alaska, et al v. EEOC, No. 07-70174 (9th Cir. 2008)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF ALASKA, Office of the Governor, Petitioner, v. EEOC; UNITED STATES OF AMERICA, Respondents, MARGARET G. WARD, Intervenor. ï£¼ ï£½ No. 07-70174 EEOC Nos. 11A40004, 11A40005 ORDER ï£¾ Filed July 3, 2008 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. Judge Kleinfeld did not participate in the deliberations or vote in this case. 8359 PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.

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