Dukes, et al v. Wal-Mart Stores

Filing 920090213

Opinion

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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, Plaintiffs-Appellees, v. WAL-MART, INC., Defendant-Appellant. No. 04-16720 D.C. No. CV-01-02252-MJJ ORDER No. 04-16688 D.C. No. CV-01-02252-MJJ BETTY DUKES; PATRICIA SURGESON; CLEO PAGE; DEBORAH GUNTER; KAREN WILLIAMSON; CHRISTINE KWAPNOSKI; EDITH ARANA, Plaintiffs-Appellants, v. 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. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2009 Thomson Reuters/West.

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