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THIESSEN v. GENERAL ELECTRIC CAPITAL CORP.

No. 98-3208.

267 F.3d 1095 (2001)

Gary A. THIESSEN, Plaintiff-Appellant, v. GENERAL ELECTRIC CAPITAL CORPORATION, doing business as GE Capital, and its representatives; Montgomery Ward Credit Services, Inc., formerly known as Monogram Retailer Credit Services, Inc., a subsidiary of General Electric Capital Corporation, and its representatives, Defendants-Appellees, American Association of Retired Persons; National Employment Lawyers Association; Equal Employment Advisory Council, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

September 28, 2001.

Attorney(s) appearing for the Case

Bert S. Braud, The Popham Law Firm, P.C., Kansas City, Missouri (John M. Klamann and Dirk Hubbard, Klamann & Hubbard, P.A., Overland Park, Kansas; Dennis E. Egan, The Popham Law Firm, P.C., Kansas City, MO, with him on the briefs), for the appellant.

Glen D. Nager, Jones, Day, Reavis & Pogue, Washington, DC (Steven T. Catlett and Matthew W. Lampe, Jones, Day, Reavis & Pogue, Columbus, OH, with him on the brief), for the appellees.

Sally Dunaway, AARP Foundation Litigation, Washington, DC, on the brief for amicus curiae American Association of Retired Persons.

Paula Brantner, San Francisco, CA, and Drew B. Tipton, Houston, Marek & Griffin, L.L.P., Victoria, TX, on the brief for amicus curiae National Employment Lawyers Association.

Ann Elizabeth Reesman and Erin Quinn Gery, McGuiness & Williams, Washington, DC, on the brief for amicus curiae Equal Employment Advisory Council.

Before BRISCOE, REAVLEY, and MURPHY, Circuit Judges.

ORDER

Appellees' petition for rehearing is granted. Our opinion of July 3, 2001 is withdrawn and a revised opinion is filed with this order.

The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service as required by Fed. R.App. P. 35. As no member of the panel and no judge in regular active service on the court requested that the court be polled, the petition for rehearing en banc is denied.

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