Witt

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARGARET WITT, Major,  Plaintiff-Appellant, v. No. 06-35644 DEPARTMENT OF THE AIR FORCE; D.C. No. ROBERT M. GATES, Secretary of CV-06-05195-RBL Defense;* MICHAEL B. DONLEY,  Western District of Secretary, Department of the Air Washington, Force;** MARY L. WALKER, Tacoma Colonel, Commander, 446th

ORDER

Aeromedical Evacuation Squadron, McChord AFB, Defendants-Appellees.  Filed December 4, 2008

Before: William C. Canby, Senior Circuit Judge, Susan P. Graber, and Ronald M. Gould, Circuit Judges.

Order; Dissent by Judge O’Scannlain; Dissent by Judge Kleinfeld; Dissent by Chief Judge Kozinski

*Robert M. Gates is substituted for his predecessor Donald H. Rumsfeld as Secretary of Defense. Fed. R. App. P. 43(c)(2). **Michael B. Donley is substituted for his predecessor, Michael W. Wynne, as Secretary of the Air Force. Fed. R. App. P. 43(c)(2).

15897 15898 WITT v. DEP’T OF THE AIR FORCE

ORDER

The panel voted to deny the Appellees’ Petition for…