U.S. Court of Appeals for the Ninth Circuit, 2009

Dukes v. Wal-Mart, Inc.

U.S. Court of Appeals for the Ninth Circuit · Decided February 13, 2009 · Bybee, Deliberations, Kozinski, McKeown, Rawlinson, Vote

556 F.3d 919; 2009 U.S. App. LEXIS 2854; 92 Empl. Prac. Dec. (CCH) 43,467; 105 Fair Empl. Prac. Cas. (BNA) 960 (Federal Reporter, Third Series)

Opinion of the Court

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonre-cused 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.

*920Judges McKEOWN, RAWLINSON and BYBEE did not participate in the deliberations or vote in this case.

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