69 F.3d 1038 | 9th Cir. | 1995
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.
Before SCHROEDER and RYMER, Circuit Judges, and DWYER,** District Judge.
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.