AFL-CIO & CA Labor, et al v. Chamber of Commerce, et al

Filing 920060208

Opinion

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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.; BEVERLY HEALTH & REHABILITATION 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. No. 03-55166 D.C. No. CV-02-00377-GLT 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. No. 03-55169 D.C. No. CV-02-00377-GLT ORDER 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.; 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 opinion and dissent filed on September 6, 2005, slip op. 12167, and appearing at 422 F.3d 973 (9th Cir. 2005), are withdrawn. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2006 Thomson/West.

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