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

CORPORATION; ZILACO INC., ZILACO; No. 03-55166 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 1532 CHAMBER OF COMMERCE v. LOCKYER

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

ASSN.; CALIFORNIA ASSOCIATION OF  D.C. No.

CV-02-00377-GLT

HEALTH FACILITIES; CALIFORNIA

ASSOCIATION OF HOME & ORDER

SERVICES FOR THE AGING; BETTEC

CORPORATION; MARKSHERM

CORPORATION; ZILACO INC., ZILACO;

DEL RIO HEALTHCARE, INC.;

 CHAMBER OF COMMERCE v. LOCKYER 1533

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. 1534 CHAMBER OF COMMERCE v. LOCKYER

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.

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