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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. UNITED PARCEL SERVICE, INC.

Nos. 01-15410, 01-15976 and 01-15977.

311 F.3d 1132 (2002)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, James Aikens; James Francis; Chris Wilson; Shawn Hogya, Intervenors-Appellees, v. UNITED PARCEL SERVICE, INC., Defendant-Appellant. Equal Employment Opportunity Commission, Plaintiff, and James Aikens; James Francis; Chris Wilson; Shawn Hogya, Intervenors-Appellants, v. United Parcel Service, Inc., Defendant-Appellee. Equal Employment Opportunity Commission, Plaintiff-Appellant, and James Aikens, Intervenor, v. United Parcel Service, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2002.

Amended December 6, 2002.

Attorney(s) appearing for the Case

William J. Kilberg and Thomas G. Hungar, Gibson, Dunn & Crutcher, Washington, DC, for the defendant-appellant-cross-appellee.

Barbara L. Sloan, Equal Employment Opportunity Commission, Washington, DC, for the plaintiff-appellee-cross-appellant.

John J. Mavredakis, Santa Rosa, CA, for the intervenors-appellees-cross-appellants.

Laura M. Franze, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for the amicus curiae.

Before: CANBY and RYMER, Circuit Judges, and BERTELSMAN, Senior District Judge.

ORDER

The opinion filed September 20, 2002, is amended as follows:

Slip opinion at 14626 [306 F.3d 794], first full paragraph, line 16, delete "so we affirm the judgment as to them."

With this amendment, the panel has voted to deny the petition for rehearing. Judge Rymer voted to deny the petition for rehearing en banc and Judges Canby and Bertelsman so recommended.

The full court was advised of the petition...

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