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HARGER v. DEPARTMENT OF LABOR

No. 08-35111.

569 F.3d 898 (2009)

Opal HARGER, et al., Plaintiffs, and Edith Watters; Judy M. Hengen; Donna Caputo, Plaintiffs-Appellants, v. DEPARTMENT OF LABOR; National Institute of Occupational Safety and Health, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2009.

Amended June 10, 2009.

Attorney(s) appearing for the Case

Tom H. Foulds, Tom H. Foulds & Associated Counsel, on behalf of plaintiffs-appellants Opal Harger, et al.

Rolf H. Tangvald, Assistant United States Attorney, on behalf of defendants-appellees United States Department of Labor and the National Institute of Occupational Safety and Health.

Before: ROBERT R. BEEZER, RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING EN BANC AND AMENDED OPINION

ORDER

The opinion filed March 27, 2009, 560 F.3d 1071 (9th Cir.2009), is hereby amended as follows:

At 560 F.3d at 1076 n. 9, replace the entire text of footnote 9 with:

The district court stated the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(b), could not form the basis of an attorney's fee award even...

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