Dukes

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BETTY DUKES; PATRICIA SURGESON; 

CLEO PAGE; DEBORAH GUNTER;

KAREN WILLIAMSON; CHRISTINE

KWAPNOSKI; EDITH ARANA, No. 04-16688 Plaintiffs-Appellees,  D.C. No. v. CV-01-02252-MJJ

WAL-MART, INC.,

Defendant-Appellant. 

BETTY DUKES; PATRICIA SURGESON; 

CLEO PAGE; DEBORAH GUNTER;

KAREN WILLIAMSON; CHRISTINE No. 04-16720

KWAPNOSKI; EDITH ARANA,

Plaintiffs-Appellants,  D.C. No.

CV-01-02252-MJJ

v. ORDER

WAL-MART, INC.,

Defendant-Appellee.  Filed February 13, 2009

ORDER

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.

1935 1936 DUKES v. WAL-MART, INC. Judges McKeown, Rawlinson and Bybee did not participate in the deliberations or vote in this case.

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