Independent Guard Association of Nevada v. Hazel O'Leary

69 F.3d 1038 | 9th Cir. | 1995

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