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E.E.O.C. v. BASS PRO OUTDOOR WORLD, L.L.C.

No. 15-20078.

865 F.3d 216 (2017)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee v. BASS PRO OUTDOOR WORLD, L.L.C.; Tracker Marine Retail, L.L.C., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed April 28, 2017.

Attorney(s) appearing for the Case

James Mark Tucker , U.S. Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellee.

Michael Wayne Johnston , Attorney, Samuel M. Matchett, Esq. , Jona Jene McCormick , Rebecca Cole Moore, King & Spalding, L.L.P., Atlanta, GA, James Patrick Sullivan , King & Spalding, L.L.P., Austin, TX, for Defendant-Appellant Bass Pro Outdoor World, L.L.C.

Michael Wayne Johnston , Attorney, Samuel M. Matchett, Esq. , Jona Jene McCormick , Rebecca Cole Moore , King & Spalding, L.L.P., Atlanta, GA, for Defendant-Appellant Tracker Marine Retail, L.L.C.

Rae T. Vann , General Counsel, Norris, Tysse, Lampley & Lakis, L.L.P., Washington, DC, for Amicus Curiae Equal Employment Advisory Council.

Eric S. Dreiband , Jones Day, Washington, DC, for Amici Curiae Retail Litigation Center, Incorporated and Chamber of Commerce of the United States of America.

Before HIGGINBOTHAM, SOUTHWICK, and HIGGINSON, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), the petition for rehearing en banc is DENIED. In the en banc poll, seven judges...

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