FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHAMBER OF COMMERCE OF THE  UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA HEALTHCARE ASSOCIATION; CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME & SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO INC., ZILACO; DEL RIO HEALTHCARE, INC.; No. 03-55166 BEVERLY HEALTH & REHABILITATION  D.C. No. SERVICES, INC. dba Beverly Manor CV-02-00377-GLT Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Plaintiff-Appellant, AFL-CIO & WHOLESALE DELIVERY DRIVERS; CALIFORNIA LABOR FEDERATION, AFL-CIO, Intervenors-Appellants, v. 

5209 5210 CHAMBER OF COMMERCE v. LOCKYER

BILL LOCKYER, Attorney General,  in his capacity as Attorney General of the State of California; DEPARTMENT OF HEALTH SERVICES; FRANK G. VANACORE, as the Chief of the Audit Review and Analysis Section of the California  Department of Health Services; DIANA M. BONTA, Diana M. Bonta, R.N., Dr., P.h.D, as the Director of the California Department of Health Services, Defendants.  CHAMBER OF COMMERCE OF THE  UNITED STATES; CALIFORNIA CHAMBER OF COMMERCE; EMPLOYERS GROUP; CALIFORNIA No. 03-55169 HEALTHCARE ASSOCIATION; D.C. No. CALIFORNIA MANUFACTURERS AND CV-02-00377-GLT TECHNOLOGY ASSN.; CALIFORNIA  Central District ASSOCIATION OF HEALTH FACILITIES; of California, CALIFORNIA ASSOCIATION OF HOME Santa Ana & SERVICES FOR THE AGING; BETTEC ORDER CORPORATION; MARKSHERM CORPORATION; ZILACO INC., ZILACO; DEL RIO HEALTHCARE, INC.;  CHAMBER OF COMMERCE v. LOCKYER 5211

BEVERLY HEALTH & REHABILITATION  SERVICES, INC. dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, and AFL-CIO & WHOLESALE DELIVERY DRIVERS; CALIFORNIA LABOR FEDERATION, AFL-CIO, Intervenors, v. BILL LOCKYER, Attorney General, in his capacity as Attorney  General of the State of California; DEPARTMENT OF HEALTH SERVICES; FRANK G. VANACORE, as the Chief of the Audit Review and Analysis Section of the California Department of Health Services; DIANA M. BONTA, Diana M. Bonta, R.N., Dr., P.h.D, as the Director of the California Department of Health Services, Defendants-Appellants.  Filed May 13, 2005 Before: Robert R. Beezer and Raymond C. Fisher, Circuit Judges, and Morrison C. England, District Judge.*

*The Honorable Morrison C. England, United States District Judge for the Eastern District of California, sitting by designation.

5212 CHAMBER OF COMMERCE v. LOCKYER ORDER The Petition for Panel Rehearing is GRANTED, and the case shall be resubmitted as of the date of this order, without additional oral argument. The panel’s opinion is withdrawn and shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the panel upon rehearing.

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