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HAWAII TEAMSTERS, LOCAL 996 v. UNITED PARCEL SERV.

No. 99-17079.

241 F.3d 1177 (2001)

HAWAII TEAMSTERS AND ALLIED WORKERS UNION, LOCAL 996, Petitioner-Appellant, v. UNITED PARCEL SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2001.

Attorney(s) appearing for the Case

David A. Rosenfeld and W. Daniel Boone, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for the petitioner-appellant.

Ernest C. Moore III and Christine S.Y. Chun, Torkildson, Katz, Fonseca, Jaffe, Moore & Hethrington, Honolulu, Hawaii, for the respondent-appellee.

Before: PREGERSON, HAWKINS, and McKEOWN, Circuit Judges.

Opinion by Judge McKEOWN; Dissent by Judge PREGERSON

McKEOWN, Circuit Judge:

ORDER

Judges Hawkins and McKeown vote to grant Appellee United Parcel Service, Inc.'s petition for rehearing. Judge Pregerson votes to deny the petition for rehearing. The opinion filed Sept. 6, 2000, amended Oct. 20, 2000 and reported at 229 F.3d 847 (9th Cir.2000) is hereby withdrawn.

OPINION

This case stems from a union...

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