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ALDANA v. DEL MONTE FRESH PRODUCE, N.A., INC.

No. 04-10234.

452 F.3d 1284 (2006)

Angel Enrique Villeda ALDANA, Jorge Augustin Palma Romero, Oscar Leonel Guerra Evans, Lyionhel McIntosh Rodriguez, Marel Martinez, Gumerzindo Loyo Martinez, Rigoberto Alvayero Hernandez, Plaintiffs-Appellants, v. DEL MONTE FRESH PRODUCE, N.A., INC., Bandegua, Compania De Desarrollo De Guatemala, Fresh Del Monte Produce, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 23, 2006.

Attorney(s) appearing for the Case

Jeffrey S. Vogt, Natacha Thys, Intern. Labor Rights Fund, Washington, DC, for Plaintiffs-Appellants.

Brian Joseph Stack, Robert Harris, Stack, Fernandez, Anderson & Harris, P.A., Miami, FL, for Defendants-Appellees.

Matthew J. Eisenbrandt, Center for Justice & Accountability, San Francisco, CA, for Amicus Curiae.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

ORDER:

The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.

BARKETT, Circuit Judge, Dissenting from the Denial of Rehearing En Banc:

In concluding that...

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