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FOWLER v. GUERIN

No. 16-35052.

918 F.3d 644 (2019)

Mickey FOWLER; Leisa Maurer, and a Class of Similarly Situated Individuals, Plaintiffs-Appellants, v. Tracy GUERIN, Director of the Washington State Department of Retirement Systems, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2019.

Attorney(s) appearing for the Case

Stephen K. Festor (argued), Stephen K. Strong , David F. Stobaugh , and Alexander F. Strong, Bendich Stobaugh & Strong P.C., Seattle, Washington, for Plaintiffs-Appellants.

Jeffrey A.O. Freimund , (argued) and Michael E. Tardif , Freimund Jackson & Tardif PLLC, Olympia, Washington; Peter Gonick , Deputy Solicitor General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Defendant-Appellee.

Dissent by Judge Bennett

ORDER

The panel, as constituted above, has unanimously voted to deny the petition for panel rehearing. Judges Gould and Ikuta voted to deny the petition for rehearing en banc, and Judge Tunheim has so recommended.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration...

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