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DIAZ v. BREWER

No. 10-16797.

676 F.3d 823 (2012)

Joseph R. DIAZ; Judith McDaniel; Keith B. Humphrey; Beverly Seckinger; Stephen Russell; Deanna Pfleger; Carrie Sperling; Leslie Kemp; Corey Seemiller, Plaintiffs-Appellees, v. Janice K. BREWER, in her official capacity as Governor of the State of Arizona; David Raber, in his official capacity as Interim Director of the Arizona Department of Administration and Personnel Board; Kathy Peckardt, in her official capacity as Director of Human Resources for the Arizona Department of Administration and Personnel Board, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

April 3, 2012.

Attorney(s) appearing for the Case

Daniel Clayton Barr , Perkins Coie LLP, Phoenix, AZ, Tara L. Borelli , Lambda Legal Defense and Education Fund, Inc., Los Angeles, CA, for Plaintiffs-Appellees.

Charles Arnold Grube , Assistant Attorney General, Office of the Attorney General, Kathleen Patricia Sweeney, Esquire , Assistant Attorney General, Paula S. Bickett, Esquire , Chief Counsel, Arizona Attorney General's Office, Phoenix, AZ, for Defendants-Appellants.

Before: MARY M. SCHROEDER and SIDNEY R. THOMAS, Circuit Judges, and MARK W. BENNETT, District Judge.

Order; Dissent by Judge O'SCANNLAIN.

ORDER

The panel has voted to deny defendants-appellants' petition for panel rehearing. Judge Thomas has voted to deny the petition for rehearing en banc, and Judges Schroeder and Bennett have so recommended.

The full court was advised of defendants-appellants' petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter...

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