Opal Harger v. Department of Labor

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

OPAL HARGER, et al.,  No. 08-35111 Plaintiffs, D.C. No. and CV-06-05071-RHW

EDITH WATTERS; JUDY M. HENGEN; ORDER

DONNA CAPUTO, AMENDING

Plaintiffs-Appellants,  OPINION AND v. DENYING

PETITION FOR

DEPARTMENT OF LABOR; NATIONAL REHEARING EN

INSTITUTE OF OCCUPATIONAL BANC AND

SAFETY AND HEALTH, AMENDED

 Defendants-Appellees. OPINION

Appeal from the United States District Court for the Eastern District of Washington Robert H. Whaley, District Judge, Presiding

Argued and Submitted December 8, 2008—Seattle, Washington

Filed March 27, 2009 Amended June 10, 2009

Before: Robert R. Beezer, Ronald M. Gould and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan COUNSEL

Tom H. Foulds, Tom H. Foulds & Associated Counsel, on behalf of plaintiffs-appellants Opal Harger, et al. 6940 HARGER v. DEPARTMENT OF LABOR Rolf H. Tangvald, Assistant United…