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; No. 03-55166 DEL RIO HEALTHCARE, INC.;  D.C. No. BEVERLY HEALTH & REHABILITATION CV-02-00377-GLT SERVICES, INC. Dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS; CALIFORNIA LABOR FEDERATION, AFL-CIO, Intervenors-Appellants, v. 

1531 1532 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 HEALTHCARE ASSOCIATION; CALIFORNIA No. 03-55169 MANUFACTURERS AND TECHNOLOGY ASSN.; CALIFORNIA ASSOCIATION OF  D.C. No. CV-02-00377-GLT HEALTH FACILITIES; CALIFORNIA ASSOCIATION OF HOME & ORDER SERVICES FOR THE AGING; BETTEC CORPORATION; MARKSHERM CORPORATION; ZILACO INC., ZILACO; DEL RIO HEALTHCARE, INC.;  CHAMBER OF COMMERCE v. LOCKYER 1533

BEVERLY HEALTH & REHABILITATION  SERVICES, INC. Dba Beverly Manor Costa Mesa; INTERNEXT GROUP, Plaintiffs-Appellees, and AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS; 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 February 9, 2006 Before: Mary M. Schroeder, Chief Judge.

1534 CHAMBER OF COMMERCE v. LOCKYER ORDER Upon the vote of a majority of the en banc court, the opin- ion and dissent filed on September 6, 2005, slip op. 12167, and appearing at 422 F.3d 973 (9th Cir. 2005), are withdrawn.

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