Indep. Guard Ass'n of Nevada, Local No. 1 v. O'Leary, 69 F.3d 1038 (9th Cir. 1995). · Go Syfert
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Indep. Guard Ass'n of Nevada, Local No. 1 v. O'Leary, 69 F.3d 1038 (9th Cir. 1995). Cases Citing This Book View Copy Cite
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Independent Guard Association of Nevada, Local No. 1
v.
Hazel O'leary, Secretary 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
93-15769.
Court of Appeals for the Ninth Circuit.
Nov 13, 1995.
69 F.3d 1038
Published
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Pinpoint authority: bottom 76%
Citer courts: C.D. California (1) · S.D. California (1)

69 F.3d 1038

95 Daily Journal D.A.R. 15,057

INDEPENDENT GUARD ASSOCIATION OF NEVADA, LOCAL NO. 1,
Plaintiff-Appellant,
v.
Hazel O'LEARY,[*] Secretary 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.

Nov. 13, 1995.

1

Before SCHROEDER and RYMER, Circuit Judges, and DWYER,[**] District Judge.

ORDER

2

The opinion at 57 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."

4

Insert the following new sentence after the first sentence in the last paragraph of the opinion:

5

"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."

6

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