FILED
FOR PUBLICATION
JUN 30 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALASKA AIRLINES INC., an Alaska No. 13-35574
corporation,
D.C. No. 2:11-cv-00616-JLR
Plaintiff-Appellant, Western District of Washington,
Seattle
v.
JUDY SCHURKE, in her official ORDER
capacity as Director of the State of
Washington Department of Labor and
Industries; ELIZABETH SMITH, in
her official capacity as Employment
Standards Program Manager of the
State of Washington Department of
Labor and Industries,
Defendants-Appellees,
ASSOCIATION OF FLIGHT
ATTENDANTS - COMMUNICATION
WORKERS OF AMERICA, AFL-CIO,
Intervenor-Defendant-
Appellee.
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)
and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be
cited as precedent by or to any court of the Ninth Circuit.
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