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NIGG v. U.S. POSTAL SERVICE

No. 05-55650.

555 F.3d 781 (2009)

Robert NIGG; Keith Lewis, as private attorney generals and on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, and Gina Harrell, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 4, 2009.

Attorney(s) appearing for the Case

Daniel A. Osborn, Beatie & Osborn, LLP, New York, NY, for the appellants.

Leon W. Weidman and Jason K. Axe, Assistant United States Attorneys, Los Angeles, CA, for the appellee.

Before: B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and RONALD M. WHYTE, District Judge.

ORDER AND OPINION

ORDER

The petition for panel rehearing is granted in part. The opinion filed August 27, 2007, and appearing at 501 F.3d 1071, is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. A new opinion is filed contemporaneously.

OPINION

McKEOWN, Circuit Judge:

This appeal principally involves the relationship between two labor...

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