Nigg

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT NIGG; KEITH LEWIS, as  private attorney generals and on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, No. 05-55650 and  D.C. No.

CV-03-01611-GLT

GINA HARRELL,

Plaintiff, OPINION v.

UNITED STATES POSTAL SERVICE,

Defendant-Appellee.  Appeal from the United States District Court for the Central District of California Gary L. Taylor, District Judge, Presiding

Argued and Submitted April 9, 2007—Pasadena, California

Filed August 27, 2007

Before: Betty B. Fletcher and M. Margaret McKeown, Circuit Judges, and Ronald M. Whyte,* District Judge.

Opinion by Judge McKeown

*The Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, sitting by designation.

10589 10592 NIGG v. USPS

COUNSEL

Daniel A. Osborn, Beatie & Osborn, LLP, New York, New York, for the appellants.

Leon W. Weidman and Jason K. Axe, Assistant United States Attorneys, Los Angeles, California, for the appellee.

OPINION

McKEOWN, Circuit Judge:

This appeal principally involves the relationship…