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SYVERSON v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 04-16449.

472 F.3d 1072 (2007)

William SYVERSON, individually, and on behalf of others similarly situated; Ruth Alice Boyd, individually, and on behalf of others similarly situated; Dale Cahill, individually, and on behalf of others similarly situated; Jack Friedman, individually, and on behalf of others similarly situated; Paul Gromkowski, individually, and on behalf of others similarly situated; Sylvia Jones, individually, and on behalf of others similarly situated; Rolf Marsh, individually, and on behalf of others similarly situated; Walter Maslak, individually, and on behalf of others similarly situated; James Payne, individually, and on behalf of others similarly situated; Antonio Rivera, individually, and on behalf of others similarly situated, Plaintiffs-counter-defendants-Appellants, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-counter-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2006.

Amended January 3, 2007.

Attorney(s) appearing for the Case

Jeffrey N. Young and Patrick N. McTeague, McTeague, Higbee, Case, Cohen, Whitney & Toker, Topsham, ME, for the appellants.

Jeffrey D. Wohl and Katherine L. Kettler, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, for the appellee.

Before: MARSHA S. BERZON, JOHNNIE B. RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER AND AMENDED OPINION

BERZON, Circuit Judge:

ORDER

The panel has voted to deny appellee's petitions for rehearing and for rehearing en banc. The full court has been advised of the petitions, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The opinion filed August 31, 2006, slip. op. 10533, and published at 461 F.3d 1147 (9th Cir.2006) is hereby amended as...

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