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DUKES v. WAL-MART, INC.

Nos. 04-16688, 04-16720.

509 F.3d 1168 (2007)

Betty DUKES; Patricia Surgeson; Cleo Page; Deborah Gunter; Karen Williamson; Christine Kwapnoski; Edith Arana, Plaintiffs-Appellees, v. WAL-MART, INC., Defendant-Appellant. Betty Dukes; Patricia Surgeson; Cleo Page; Deborah Gunter; Karen Williamson; Christine Kwapnoski; Edith Arana, Plaintiffs-Appellants, v. Wal-Mart, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2007.

Attorney(s) appearing for the Case

Theodore J. Boutrous, Jr., (argued & briefed) Gibson, Dunn & Crutcher, Los Angeles, CA, for the defendant-appellant-cross-appellee.

Brad Seligman (argued), Jocelyn D. Larkin, The Impact Fund, Berkeley, CA; Joseph M. Sellers, Christine E. Webber, Julie Goldsmith Reiser, Cohen, Milstein, Hausfeld & Toll, Washington, D.C.; Debra Gardner, Public Justice Center, Baltimore, MD; Irma D. Herrera, Debra A. Smith, Equal Rights Advocates, Steve Stemerman, Elizabeth A. Lawrence, Davis, Cowell & Bowe, LLP, San Francisco, CA; Stephen Tinkler, Charles Firth, Tinkler & Firth, Merit Bennett, Merit Bennett, P.C., Santa Fe, NM, (briefed) for the plaintiffs-appellees-cross appellants.

Before: HARRY PREGERSON, ANDREW J. KLEINFELD, and HAWKINS, Circuit Judges.

Opinion by Judge PREGERSONI Dissent by Judge KLEINFELD.

ORDER AND OPINION

ORDER

The petition for panel rehearing is DENIED.

The panel's Opinion and Dissent filed February 6, 2007, appearing at 474 F.3d 1214 (9th Cir.2007), are withdrawn. The new Opinion and Dissent are filed concurrently with this Order.

The petition for rehearing en banc is DENIED as moot. The parties may file a new petition for...

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