# California Ex Rel. Brown v. Safeway, Inc.

> Court of Appeals for the Ninth Circuit · February 11, 2011 · 615 F.3d 1171

URL: https://www.frixlaw.com/law-library/cases/204596

## Case

- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** February 11, 2011
- **Citations:** 615 F.3d 1171
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/204596

## Opinion text

FILED
FOR PUBLICATION FEB 11 2011

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

STATE OF CALIFORNIA, ex rel. No. 08-55671
Edmund G. Brown Jr.,
D.C. No. 2:04-cv-00687-AG-SS
Plaintiff - Appellant,

v. ORDER

SAFEWAY, INC., a Safeway Company
doing business as Vons; ALBERTSONS,
INC.; RALPHS GROCERY
COMPANY, a division of the Kroger
Company; FOOD 4 LESS FOOD
COMPANY, a division of the Kroger
Company; VONS COMPANIES, INC.,
an indirect, wholly owned subsidiary of
Safeway, Inc.,

Defendants - Appellees.
Page 2

STATE OF CALIFORNIA, ex rel. No. 08-55708
Edmund G. Brown Jr.,
D.C. No. 2:04-cv-00687-AG-SS
Plaintiff - Appellee,

v.

SAFEWAY, INC., a Safeway Company
doing business as Vons; ALBERTSONS,
INC.; RALPHS GROCERY
COMPANY, a division of the Kroger
Company; FOOD 4 LESS FOOD
COMPANY, a division of the Kroger
Company; VONS COMPANIES, INC.
an indirect, wholly owned subsidiary of
Safeway, Inc.,

Defendants - Appellants.

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel

opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges Bybee and Murguia did not participate in the deliberations or vote in

this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/204596. Public record. Not legal advice.