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SU v. BOWERS

No. 22-15378.

89 F.4th 1169 (2023)

Julie A. SU, Acting Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. Brian J. BOWERS, an individual; Dexter C. Kubota, an individual; Bowers + Kubota Consulting, Inc., a corporation; Bowers + Kubota Consulting, Inc. Employee Stock Ownership Plan, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2023.

Amended January 8, 2024.

Attorney(s) appearing for the Case

David R. Johanson, I , (argued), Napa, California; Douglas A. Rubel , Hawkins Parnell & Young LLP, Cary, North Carolina; William M. Harstad , Carlsmith Ball LLP, Honolulu, Hawaii; Scott I. Batterman , Clay Chapman Iwamura Pulice & Nervell, Honolulu, Hawaii; for Defendants-Appellants.

Christine D. Han (argued) and Sarah M. Karchunas , Attorneys; Jeffrey M. Hahn , Counsel for Appellate and Special Litigation; G. William Scott , Associate Solicitor for Plan Benefits Security; Seema Nanda , Solicitor of Labor; United States Department of Labor, Plan Benefits Security Division, Washington, D.C.; Jing Acosta and Elisabeth Nolte , Trial Attorneys, United States Department of Labor, Chicago, Illinois; for Plaintiff-Appellee.

Richard J. Pearl, Faegre Drinker Biddle & Reath LLP, Chicago, Illinois; Mark D. Taticchi, Faegre Drinker Biddle & Reath LLP, Philadelphia, Pennsylvania; for Amicus Curiae ESOP Association.

Partial Concurrence and Partial Dissent by Judge Collins

ORDER

Judge Bea recommended, and Judge Lee voted, to deny the petition for rehearing en banc. Judge Collins voted to grant the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote. Fed. R. App. P. 35. The petition for rehearing en banc (Dkt. No. 39) is DENIED. No future petitions for rehearing or rehearing en banc will be accepted.

The opinion filed October 25, 2023 (Dkt...

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