Gerald Carlin v. Dairyamerica, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD CARLIN , JOHN RAHM , PAUL No. 10-16448 ROZWADOWSKI, and BRYAN WOLFE, Plaintiffs-Appellants, D.C. No. 1:09-CV-00430- v. AWI-DLB

DAIRY AMERICA , INC. and ORDER AND

CALIFORNIA DAIRIES, INC., AMENDED

Defendants-Appellees. OPINION

Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, Senior District Judge, Presiding

Argued and Submitted August 31, 2011—San Francisco, California

Filed August 7, 2012 Amended January 11, 2013

Before: Raymond C. Fisher and Johnnie B. Rawlinson, Circuit Judges, and George H. Wu, District Judge.*

Order; Opinion by Judge Wu; Concurrence by Judge Fisher

* The Honorable George H . W u, United States District Judge for the Central District of California, sitting by designation. CARLIN V . DAIRY AMERICA , INC.

SUMMARY**

Filed Rate Doctrine / Class Action

The panel issued a published order, amending the opinion filed August 7, 2012, and published at 688 F.3d 1177, with the only change…