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ARNETT v. CALIFORNIA PUBLIC EMP. RETIREMENT SYS.

No. 98-15574.

207 F.3d 565 (2000)

Ronald ARNETT; Harold Bailey; Jim Bean; Marguerette Howard; Joycelyn Keller; Wayne E. Lord; Diane S. Militano, Plaintiffs-Appellants, and Anthony Ryan, Plaintiff, v. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS); Harry Bubb; Robert Carlson; Richard "Bud" Carpenter; Thomas Clark; Kathleen Connell; Jerry Cremins; William Crist; Michael Flaherman; Matt Fong; William "Bill" Rosenberg; Kurato Shimada; Charles Valdes, strictly in their official capacity as members of the Board of Administration of PERS; State of California, as administrator of the PERS and by and through each of its agencies; California Youth Authority; California Department of Corrections; City of West Covina; Department of Motor Vehicles; City of Orange; Riverside County; City of Fremont, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended April 25, 2000.

All Petitions for Rehearing Denied May 12, 2000.

Attorney(s) appearing for the Case

Ellen Lake, Oakland, California, for the plaintiffs-appellants.

Irene K Tamura, Deputy Attorney General, Sacramento, California, for the state defendants-appellees.

Henry S. Hewitt, Erickson, Beasley, Hewitt & Wilson, Oakland, California, for the city and county defendants-appellees.

Laurie A. McCann, Washington, D.C., for amicus curiae American Association for Retired Persons.

Jennifer S. Goldstein, Washington, D.C., for amicus curiae Equal Employment Opportunity Commission.

Before: FERNANDEZ and McKEOWN, Circuit Judges, and WEINER, Senior District Judge.

ORDER

Appellants challenged the district court's grant of motions to dismiss for failure to state a claim and for judgment on the pleadings. We reversed the district court. See Arnett v. California PERS, 179 F.3d 690 (9th Cir.1999). The State of California, California Public Employees' Retirement System, and several other governmental entities (collectively "the State of California") sought certiorari relief from the United...

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