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KASTEN v. SAINT-GOBAIN PERFORMANCE PLASTICS CORP.

No. 08-2820.

585 F.3d 310 (2009)

Kevin KASTEN, Plaintiff-Appellant, v. SAINT-GOBAIN PERFORMANCE PLASTICS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 15, 2009.

Attorney(s) appearing for the Case

James H. Kaster, Minneapolis, MN, for Plaintiff-Appellant.

Anthony J. Sievert, Whyte, Hirschboeck & Dudek S.C., Madison, WI, Thomas P. Godar, Michael Best & Friedrich, Milwaukee, WI, for Defendant-Appellee.

Mary J. Rieser, Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae.

Before EASTERBROOK, Chief Judge, and POSNER, FLAUM, KANNE, ROVNER, WOOD, EVANS WILLIAMS, SYKES, and TINDER, Circuit Judges.

On Petition for Rehearing En Banc

On consideration of the petition for rehearing with suggestion of rehearing en banc filed by the plaintiff-appellant and the answer of defendant-appellee, Judge Bauer and Judge Flaum, the two circuit judges on the original panel,* voted to deny rehearing and a majority of the judges in active service voted to deny rehearing en banc.

The petition for rehearing en banc is denied.

ROVNER,...

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