Willis
Willis v. Pacific Maritime Association
Opinion
Lead Opinion
Alarcon, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed January 10, 2001 is hereby amended as follows:
*677 On page 342 of the slip opinion filed January 10, 2001, delete the first paragraph of part II and insert instead:
With the above amendments, Judges O’Scannlain and Fernandez vote to deny the petition for rehearing en banc. Judge Alarcon would so recommend.
The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote thereon. Fed.R.App.P. 35.
The petition for rehearing en banc is denied.
ORDER
On July 6, 1999, we deferred issuance of the mandate in these matters pending determination of the petition for a rehearing en banc in Barnett v. U.S. Air, Inc., 157 F.3d 744 (9th Cir.1998) (“Barnett I”). In an order filed on February 1, 2000, this court ordered that Barnett be reheard en banc and that the three-judge panel opinion in Barnett I not be cited as precedent by this court. This court’s en banc opinion in Barnett v. U.S. Air. Inc., 228 F.3d 1105 (9th Cir.2000) (“Barnett II”) was filed on October 4, 2000.
Our opinion contains several references to Barnett I. Because Barnett I cannot be cited as precedent, our opinion…