United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

March 22, 2011

Before

RICHARD D. CUDAHY, Chief Judge

ILANA DIAMOND ROVNER, Circuit Judge

TERENCE T. EVANS, Circuit Judge No. 10‐1405 ERIC FLYNN GROSS, Appeal from the United States District Court

Plaintiff‐Appellant, for the Eastern District of Wisconsin.

v. No. 07‐CV‐982 PPG INDUSTRIES, INC., J.P. Stadtmueller, Judge

Defendant‐Appellee.

O R D E R

The Court’s opinion of March 7, 2011, is hereby amended as follows: At the end of line 4 on page 9, the following footnote shall be inserted as footnote 3 to the opinion: “3 This definitional language was amended after we heard oral argument in this case. Section 701(a) of the Veteran’s Benefits Act of 2010, P.L. 111‐275 (Oct. 13, 2010), struck the words “other than” from section 4303(2) and replaced them with the word “including,” thereby clarifying that USERRA does prohibit wage discrimination against members of the armed services. 124 Stat. 2864, 2887.”