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independent-guard-association-of-nevada-local-no-1-v-hazel-oleary , 69 F.3d 1038 ( 1995 )


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  • 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