WITT v. DEPARTMENT OF AIR FORCE

No. 06-35644.

548 F.3d 1264 (2008)

Margaret WITT, Major, Plaintiff-Appellant, v. DEPARTMENT OF The AIR FORCE; Robert M. Gates, Secretary of Defense; Michael B. Donley, Secretary, Department of the Air Force; Mary L. Walker, Colonel, Commander, 446th Aeromedical Evacuation Squadron, McChord AFB, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 4, 2008.


Attorney(s) appearing for the Case

Aaron H. Caplan, Loyola Law School, Los Angeles, CA, James E. Lobsenz, Nichole D. McCraw, Carney Badley Spellman, PS, Sarah A. Dunne, Esq., ACLU of Washington, Seattle, WA, for Plaintiff-Appellant.

Jonathan F. Cohn, Peter J. Phipps, DOJ — U.S. Department of Justice, Washington, DC, Marion J. Mittet, Office of the U.S. Attorney, Seattle, WA, Anthony J. Steinmeyer, Lowell V. Sturgill, Jr., Henry Charles Whitaker, DOJ — U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

Order; Dissent by Judge O'SCANNLAIN; Dissent by Judge KLEINFELD; Dissent by Judge KOZINSKI.


ORDER

The panel voted to deny the Appellees' Petition for Rehearing.

The full court has been advised of the Petition for Rehearing En Banc. A judge of the court requested a vote on whether to rehear the case en banc. However, the en banc call failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The Appellees' Petition for Rehearing and the Petition for Rehearing En Banc are DENIED...

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