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HARDAGE v. CBS BROADCASTING INC.

No. 03-35906.

436 F.3d 1050 (2005)

Hugh HARDAGE, Plaintiff-Appellant, v. CBS BROADCASTING INC., a New York Corporation; Viacom Television Stations Inc., a Delaware Corporation; Viacom Broadcasting of Seattle Inc., a Delaware Corporation; Kathy Sparks, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2005.

Amended January 6, 2006.

Second Amendment February 8, 2006.

Attorney(s) appearing for the Case

Claudia Kilbreath, Short Cressman & Burgess PLLC, Seattle, Washington, for the plaintiff-appellant.

Harry J.F. Korrell and Kathryn S. Loppnow, Davis Wright Tremaine LLP, Seattle, Washington, for the defendants-appellees.

Before WALLACE, SILVERMAN, and PAEZ, Circuit Judges.

ORDER

The panel opinion filed January 6, 2006, is amended as follows:

Add as a new paragraph after footnote 1 (slip op. 82):

There may be circumstances where an employer's "remedial obligation kicks in," Fuller, 47 F.3d at 1528, regardless of the employee's stated wishes. In other words, the mere fact that the employee tells the employer not to take any remedial action may not always relieve that employer of the obligation to do so. See...

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