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GINSBERG v. NORTHWEST, INC.

No. 09-56986.

695 F.3d 873 (2012)

S. Binyomin GINSBERG, Rabbi, an individual and on behalf of all others similarly situated, Plaintiff-Appellant, v. NORTHWEST, INC., a Minnesota corporation and a wholly-owned subsidiary of Delta Air Lines, Inc.; Delta Air Lines, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2012.

Attorney(s) appearing for the Case

Thatcher A. Stone , New York, NY; Harold M. Hewell , Hewell Law Firm, San Diego, CA, for the plaintiff-appellant.

Richard T. Williams , Holland & Knight LLP, Los Angeles, CA; Christopher G. Kelly , and Judith R. Nemsick , Holland & Knight LLP, New York, NY, for the defendants-appellees.

Before: MARY M. SCHROEDER, ROBERT R. BEEZER, and STEPHEN S. TROTT, Circuit Judges.

ORDER

The opinion filed August 5, 2011, slip op. 10231, and appearing at 653 F.3d 1033 (9th Cir.2011), is hereby withdrawn. A new opinion is filed concurrently with this order.

The panel voted to deny defendants-appellees' petition for rehearing, and recommended denying the petition for rehearing en banc.

The full court has been advised of the new opinion and defendants-appellees' petition for rehearing en banc,...

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