ALASKA AIRLINES V. JUDY SCHURKE, No. 13-35574 (9th Cir. 2017)

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This opinion or order relates to an opinion or order originally issued on January 25, 2017.

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FILED FOR PUBLICATION JUN 30 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALASKA AIRLINES INC., an Alaska corporation, Plaintiff-Appellant, No. 13-35574 D.C. No. 2:11-cv-00616-JLR Western District of Washington, Seattle v. JUDY SCHURKE, in her official capacity as Director of the State of Washington Department of Labor and Industries; ELIZABETH SMITH, in her official capacity as Employment Standards Program Manager of the State of Washington Department of Labor and Industries, ORDER Defendants-Appellees, ASSOCIATION OF FLIGHT ATTENDANTS - COMMUNICATION WORKERS OF AMERICA, AFL-CIO, Intervenor-DefendantAppellee. THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit. 2

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