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Arizona v. Asarco LLC

United States Court of Appeals, Ninth Circuit

February 28, 2014

STATE OF ARIZONA; TERRY L. GODDARD, Attorney General for the State of Arizona; ARIZONA DEPARTMENT OF LAW, Civil Rights Division, Plaintiffs - Appellees, ANGELA AGUILAR, Intervenor-Plaintiff - Appellee,
v.
ASARCO LLC, Defendant - Appellant

D.C. No. 4:08-cv-00441-MWB.

For STATE OF ARIZONA, ARIZONA DEPARTMENT OF LAW, Civil Rights Division, Plaintiffs - Appellees: Ann Ruth Hobart, Esquire, Assistant Attorney General, Leslie Ross, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ.

For TERRY L. GODDARD, Attorney General for the State of Arizona, Plaintiff - Appellee: Ann Ruth Hobart, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ.

For ANGELA AGUILAR, Intervenor-Plaintiff - Appellee: Jenne S. Forbes, Attorney, Waterfall, Economids, Caldwell, Hanshaw & Villamana, P.C., Tucson, AZ; Eric Schnapper, UNIVERSITY OF WASHINGTON SCHOOL OF LAW, INNOCENCE PROJECT - NORTHWEST CLINIC, Seattle, WA.

For ASARCO LLC, Defendant - Appellant: Catherine Christine Burns, Attorney, Benjamin J. Naylor, Esquire, Attorney, David T. Barton, BurnsBarton LLP, Phoenix, AZ.

For U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Amicus Curiae: Julie Loraine Gantz, Attorney, EEOC - U.S. Equal Employment Opportunity Commission, Washington, DC.

OPINION

ORDER

KOZINSKI, Chief Judge.

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.


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