Opinion · Court of Appeals for the Ninth Circuit

Independent Guard Ass'n of Nevada, Local No. 1 v. O'Leary

Indep. Guard Ass'n of Nev., Loc. No. 1 v. O'Leary, 69 F.3d 1038 (9th Cir. 1995)

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1995-11-13
Topic: general

ORDER The opinion at 57 F.3d 766 (9th Cir.1995) is amended as follows: Page 770, right hand column, second full sentence should be removed beginning “The record ... guards.” Insert the following new sentence after the first sentence in the last paragraph of the opinion: ‘We express no opinion as to whether the military function exception may apply to personnel other than the contract guards who are parties to this litigation.” With these changes the petition for rehearing is DENIED.

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Cited by: 1 opinion

INDEPENDENT GUARD ASS'N OF NEVADA v. O'LEARY,69 F.3d 1038(9th Cir. 1995)

INDEPENDENT GUARD ASSOCIATION OF NEVADA, LOCAL NO. 1, PLAINTIFF-APPELLANT,

v. HAZEL O'LEARY,¹SECRETARY OF ENERGY OF THE UNITED STATES OF AMERICA,

ON BEHALF OF THE UNITED STATES DEPARTMENT OF ENERGY, AN EXECUTIVE DEPARTMENT

OF THE UNITED STATES OF AMERICA, DEFENDANT-APPELLEE.

No. 93-15769.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 1995.

D.C. No. CV-92-00204-LDG

Before: Mary M. Schroeder and Pamela Ann Rymer,Page 1039Circuit Judges, and William L. Dwyer,²District Judge.

[1]ORDER

[2] The opinion at57 F.3d 766(9th Cir. 1995) is amended as follows:

[3] Page 770, right hand column, second full sentence should be removed beginning "The record . . . guards." Insert the following new sentence after the first sentence in the last paragraph of the opinion:

[4] "We express no opinion as to whether the military function exception may apply to personnel other than the contract guards who are parties to this litigation."

[5] With these changes the petition for rehearing is DENIED.

Hazel O' Leary, the current Secretary of Energy, is substituted for former Secretary James D. Watkins. See Fed.R.App.Pro.43(c)(1). ↩
Honorable William L. Dwyer, United States District Judge for the Western District of Washington, sitting by designation. ↩