E.E.O.C. v. FEDERAL EXP. CORP.

No. 06-16864.

558 F.3d 842 (2009)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2008.

Amended March 3, 2009.


Attorney(s) appearing for the Case

Frederick L. Douglas, Memphis, TN, for the defendant-appellant.

Susan R. Oxford (Anne Noel Occhialino on the brief), Equal Employment Opportunity Commission, Washington, DC, for the plaintiff-appellee.

Laura Ann Giantris, McGuiness Norris & Williams, Washington, DC, for amici curiae The Chamber of Commerce of the United States of America, and Equal Employment Advisory Council.

Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and RONALD M. GOULD, Circuit Judges.


ORDER AND AMENDED OPINION

ORDER

The opinion filed September 10, 2008, and reported at 543 F.3d 531, is withdrawn and replaced by the Amended Opinion filed concurrently with this order. With the filing of the Amended Opinion, Judges McKeown and Gould vote to deny the petition for rehearing en banc and Judge Tashima so recommends. The full court has been advised of the petition for rehearing en banc and no judge of the court...

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