Afl-Cio & California Labor v. Camber of Commerce ( 2006 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHAMBER OF COMMERCE OF THE 
UNITED STATES; CALIFORNIA
CHAMBER OF COMMERCE;
EMPLOYERS GROUP; CALIFORNIA
HEALTHCARE ASSOCIATION;
CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSN.; CALIFORNIA
ASSOCIATION OF HEALTH FACILITIES;
CALIFORNIA ASSOCIATION OF HOME
& SERVICES FOR THE AGING; BETTEC
CORPORATION; MARKSHERM
CORPORATION; ZILACO INC., ZILACO; No. 03-55166
DEL RIO HEALTHCARE, INC.;  D.C. No.
BEVERLY HEALTH & REHABILITATION CV-02-00377-GLT
SERVICES, INC. Dba Beverly Manor
Costa Mesa; INTERNEXT GROUP,
Plaintiffs-Appellees,
AMERICAN FEDERATION OF
LABOR AND CONGRESS OF
INDUSTRIAL ORGANIZATIONS;
CALIFORNIA LABOR FEDERATION,
AFL-CIO,
Intervenors-Appellants,
v.

1531
1532 CHAMBER OF COMMERCE v. LOCKYER
BILL LOCKYER, Attorney General, 
in his capacity as Attorney
General of the State of California;
DEPARTMENT OF HEALTH SERVICES;
FRANK G. VANACORE, as the Chief
of the Audit Review and Analysis
Section of the California 
Department of Health Services;
DIANA M. BONTA, Diana M. Bonta,
R.N., Dr., P.h.D, as the Director
of the California Department of
Health Services,
Defendants.

CHAMBER OF COMMERCE OF THE 
UNITED STATES; CALIFORNIA
CHAMBER OF COMMERCE; EMPLOYERS
GROUP; CALIFORNIA HEALTHCARE
ASSOCIATION; CALIFORNIA No. 03-55169
MANUFACTURERS AND TECHNOLOGY
ASSN.; CALIFORNIA ASSOCIATION OF  D.C. No.
CV-02-00377-GLT
HEALTH FACILITIES; CALIFORNIA
ASSOCIATION OF HOME & ORDER
SERVICES FOR THE AGING; BETTEC
CORPORATION; MARKSHERM
CORPORATION; ZILACO INC., ZILACO;
DEL RIO HEALTHCARE, INC.;

CHAMBER OF COMMERCE v. LOCKYER 1533
BEVERLY HEALTH & REHABILITATION 
SERVICES, INC. Dba Beverly Manor
Costa Mesa; INTERNEXT GROUP,
Plaintiffs-Appellees,
and
AMERICAN FEDERATION OF
LABOR AND CONGRESS OF
INDUSTRIAL ORGANIZATIONS;
CALIFORNIA LABOR FEDERATION,
AFL-CIO,
Intervenors,
v.
BILL LOCKYER, Attorney General,

in his capacity as Attorney
General of the State of California;
DEPARTMENT OF HEALTH SERVICES;
FRANK G. VANACORE, as the Chief
of the Audit Review and Analysis)
Section of the California
Department of Health Services;
DIANA M. BONTA, Diana M. Bonta,
R.N., Dr., P.h.D, as the Director
of the California Department of
Health Services,
Defendants-Appellants.

Filed February 9, 2006
Before: Mary M. Schroeder, Chief Judge.
1534 CHAMBER OF COMMERCE v. LOCKYER
ORDER
Upon the vote of a majority of the en banc court, the opin-
ion and dissent filed on September 6, 2005, slip op. 12167,
and appearing at 422 F.3d 973 (9th Cir. 2005), are withdrawn.
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