Clayton R. POORE; Dorothy Ann Teske; Sharon Riggs; Dennis Hawke; Merrie Lou Hawke; John Anderson; Barbara Anderson; Robert Elledge; Mary Elledge; Robert Poschwatta, Marie Poschwatta; James Gundiff; Marie Gundiff; Jerry Cusick; Selma Cusick; Harold Huiras; Linda Huiras; Owen Enevoldsen; and Donna Enevoldsen, Plaintiffs-Appellants,
v.
SIMPSON PAPER COMPANY, a Washington corporation, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 5, 2007.
Filed May 21, 2009.
Attorney(s) appearing for the Case
Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan, Portland, OR, argued the cause for plaintiffs-appellants and filed briefs.
Douglas S. Parker, Preston Gates & Ellis LLP, Anchorage, AK, argued the cause for defendant-appellee and filed a brief. Douglas S. Parker and Michael F. McCabe, Littler Mendelson, Portland, OR, filed a supplemental brief.
Jay E. Sushelsky, AARP Foundation Litigation, Washington, DC; Barbara A. Jones, AARP Foundation Litigation, Pasadena, CA; and Melvin R. Radowitz, AARP, Washington, DC, filed an amicus brief in support of plaintiff-appellants' petition for rehearing en banc for amicus curiae AARP.
Monique Olivier, The Sturdevant Law Firm, San Francisco, CA, filed an amicus brief in support of plaintiff-appellants' petition for rehearing en banc for amicus curiae California Employment Lawyers Association.
Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
ORDER AND OPINION
ORDER
The opinion filed on September 22, 2008 and appearing at 544 F.3d 1062 (9th Cir. 2008), is withdrawn. Pursuant to General Order 5.3.a, a new opinion is filed contemporaneously with this order. With the withdrawal of the prior opinion, the petition for rehearing en banc is denied as moot. Subsequent petitions for rehearing and for rehearing en banc may be filed.
OPINION
O'SCANNLAIN...
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