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PARTH v. POMONA VALLEY HOSP. MEDICAL CENTER

No. 08-55022.

630 F.3d 794 (2010)

Louise PARTH, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. POMONA VALLEY HOSPITAL MEDICAL CENTER, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2010.

Amended December 13, 2010.

Attorney(s) appearing for the Case

Frank J. Coughlin , Santa Ana, CA, for the plaintiff-appellant.

Richard J. Simmons , Douglas R. Hart , Jason W. Kearnaghan and Beth Anne Scheel , Sheppard, Mullin, Richter and Hampton LLP, Los Angeles, CA, for the defendant-appellee.

M. Patricia Smith , Solicitor of Labor; William C. Lesser , Acting Associate Solicitor; Paul L. Frieden , Counsel for Appellate Litigation; and Dean A. Romhilt , Attorney, United States Department of Labor, for the Secretary of Labor as amicus curiae.

Before: WILLIAM C. CANBY, JR., JOHNNIE B. RAWLINSON, and N. RANDY SMITH, Circuit Judges.

ORDER

The Opinion filed November 18, 2010, slip op. 18571 [2010 WL 4643846], and appearing at 18586, is amended as follows:

1. At slip op. 18586 n. 3 [2010 WL 4643846]:

Delete <the> between <to meet> and <three factors> Add <are> between <reduced rates> and <bona fide> Capitalize <Court> after <decision of this> Add <en banc> after <panel rehearing...

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