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JORDAN v. ALTERNATIVE RESOURCES CORP.

No. 05-1485. CA-04-1091-8-DKC.

467 F.3d 378 (2006)

Robert L. JORDAN, Plaintiff-Appellant, v. ALTERNATIVE RESOURCES CORPORATION; International Business Machines Corporation, Defendants-Appellees. The Metropolitan Washington Employment Lawyers Association; Public Justice Center; Equal Employment Opportunity Commission, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

October 13, 2006.

Attorney(s) appearing for the Case

Douglas Benjamin Huron, Stephen Zak Chertkof, Tammany Morgan Kramer, Heller, Huron, Chertkof, Lerner, Simon & Salzman, PLLC, Washington, DC, for Plaintiff-Appellant.

Raymond Charles Baldwin, Seyfarth & Shaw, LLP, Washington, DC, Marc Robb Jacobs, Seyfarth & Shaw, LLP, Chicago, IL, J. Hardin Marion, William C. Sammons, Tydings & Rosenberg, Baltimore, MD, for Defendants-Appellees.

Jonathan Craig Puth, Webster, Frederickson & Brackshaw, Robert Scott Oswald, Employment Law Group, PC, Roscoe Jones, Jr., United States Senate, Committee on the Judiciary, Paul D. Ramshaw, Vincent J. Blackwood, Eric Stefan Dreiband, U.S. Equal Employment Opportunity Commission, Appellate Services, Lorraine C. Davis, James L. Lee, Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, Suzanne Sangree, Public Justice Center, Baltimore, MD, for Amici Supporting Appellant.

On Petition for Rehearing En Banc

By order filed October 2, 2006, the Court denied appellant's petition for rehearing en banc. A poll requested by a member of the Court failed to produce a majority of judges in active service in favor of rehearing en banc. Chief Judge Wilkins and Judges Michael, Traxler, King, and Gregory voted to rehear the case en banc, and Judges Widener, Wilkinson, Niemeyer, Shedd, and Duncan voted against rehearing en banc.

Judge Niemeyer...

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