FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BETTY DUKES; PATRICIA SURGESON;  CLEO PAGE; DEBORAH GUNTER; KAREN WILLIAMSON; CHRISTINE KWAPNOSKI; EDITH ARANA, No. 04-16688 Plaintiffs-Appellees,  D.C. No. v. CV-01-02252-MJJ WAL-MART, INC., Defendant-Appellant.  BETTY DUKES; PATRICIA SURGESON;  CLEO PAGE; DEBORAH GUNTER; KAREN WILLIAMSON; CHRISTINE No. 04-16720 KWAPNOSKI; EDITH ARANA, Plaintiffs-Appellants,  D.C. No. CV-01-02252-MJJ v. ORDER WAL-MART, INC., Defendant-Appellee.  Filed February 13, 2009

ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

1935 1936 DUKES v. WAL-MART, INC. Judges McKeown, Rawlinson and Bybee did not participate in the deliberations or vote in this case.

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