Independent Guard Association of Nevada, Local No. 1 v. O'Leary

69 F.3d 1038 95 Daily Journal D.A.R. 15 ,057 INDEPENDENT GUARD ASSOCIATION OF NEVADA, LOCAL NO. 1, Plaintiff-Appellant, v. Hazel O'LEARY, * Secretary of Energy of the United States of America, on behalf of the United States Department of Energy, an executive department of the United States of America, Defendant-Appellee. No. 93-15769. United States Court of Appeals, Ninth Circuit. Nov. 13, 1995. 1 Before SCHROEDER and RYMER, Circuit Judges, and DWYER, ** District Judge. ORDER 2 The opinion at 57 F.3d 766 (9th Cir.1995) is amended as follows: 3 Page 770, right hand column, second full sentence should be removed beginning "The record ... guards." 4 Insert the following new sentence after the first sentence in the last paragraph of the opinion: 5 "We express no opinion as to whether the military function exception may apply to personnel other than the contract guards who are parties to this litigation." 6 With these changes the petition for rehearing is DENIED. * Hazel O'Leary, the current Secretary of Energy, is substituted for former Secretary James D. Watkins. See Fed.R.App.Pro. 43(c)(1) ** Honorable William L. Dwyer, United States District Judge for the Western District of…