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NUNIES v. HIE HOLDINGS, INC.

No. 16-16494.

908 F.3d 428 (2018)

Herman N. NUNIES, Plaintiff-Appellant, v. HIE HOLDINGS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2018.

Filed November 1, 2018.

Attorney(s) appearing for the Case

Charles H. Brower (argued), Honolulu, Hawaii, for Plaintiff-Appellant.

Marguerite S. N. Fujie (argued) and Lisa W. Cataldo , McCorriston Miller Mukai MacKinnon LLP, Honolulu, Hawaii, for Defendant-Appellee.

Susan R. Oxford (argued), Attorney; Ann Noel Occhialino , Acting Assistant General Counsel; Jennifer S. Goldstein , Associate General Counsel; James L. Lee , Deputy General Counsel; Equal Employment Opportunity Commission, Washington, D.C.; for Amicus Curiae Equal Employment Opportunity Commission.

Before: A. Wallace Tashima, William A. Fletcher, and Andrew D. Hurwitz, Circuit Judges.

ORDER

The unopposed motion of amicus curiae Equal Employment Opportunity Commission to amend the Opinion, filed September 17, 2018, is GRANTED. The September 17, 2018, Opinion, reported at 904 F.3d 837, is withdrawn and replaced by the Amended Opinion, filed concurrently with this order.

OPINION

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