EEOC V LUCE, FORWARD, HAM, (9th Cir. 2002)

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FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

Plaintiff-Appellee, No. 00-57222

v. D.C. No. CV-00-01322-FMCLUCE, FORWARD & HAMILTON, &

SCRIPPS,

Defendant-Appellant.

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION,

No. 01-55321

Plaintiff-Appellant,

D.C. No. v. CV-00-01322-FMC

LUCE, FORWARD & HAMILTON, &

ORDER

SCRIPPS,

Defendant-Appellee.

Filed February 7, 2003

Before: Mary M. Schroeder, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active

judges of this court,1

it is ordered that this case be reheard by

the en banc court pursuant to Circuit Rule 35-3. The three-

judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

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