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ASARCO v. UNITED STEEL, PAPER & FORESTRY

No. 16-16363.

910 F.3d 485 (2018)

ASARCO LLC, a Limited Liability Corporation, Petitioner-Appellant, v. UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, on Behalf of Itself and the Other Unions Representing ASARCO LLC'S Bargaining Unit Employees, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2018.

Attorney(s) appearing for the Case

Rex S. Heinke (argued), Akin Gump Strauss Hauer & Feld LLP, Los Angeles, California; Lacy Lawrence and Marty L. Brimmage , Akin Gump Strauss Hauer & Feld LLP, Dallas, Texas; for Petitioner-Appellant.

Michael D. Weiner (argued) and Jay Smith , Gilbert & Sackman, Los Angeles, California; Daniel M. Kovalik , United Steelworkers, Pittsburgh, Pennsylvania; Gerald Barrett , Ward Keenan & Barrett P.C., Phoenix, Arizona; for Respondent-Appellee.

Dissent by Judge Ikuta.

ORDER

The opinion and dissenting opinion filed June 19, 2018, and appearing at 893 F.3d 621 (9th Cir. 2018), are withdrawn. They may not be cited by or to this court or any district court of the Ninth Circuit.

A new opinion is filed simultaneously with the filing of this order, along with a new dissenting opinion. Accordingly, the Appellant's petition for rehearing en banc is DENIED as moot. The parties may...

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