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15-3254 - Tracey Coleman v. Department of Labor Review Com


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15-3254 - Tracey Coleman v. Department of Labor Review Com
June 16, 2017
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Filed opinion of the court by Judge Wood. We therefore VACATE the judgment of the district court and REMAND for proceedings consistent with this opinion. We thus overrule Hains. Because this resolves an internal circuit conflict and overrules one case, we have circulated this opinion to all judges in regular active service. See Cir. R. 40(e). A majority of the judges did not wish to hear this case en banc. Judge Easterbrook, joined by Judge Sykes, voted in favor of an en banc hearing. Judge Posner dissents on the merits. Diane P. Wood, Chief Judge; Richard A. Posner, Circuit Judge, dissenting and Ann Claire Williams, Circuit Judge. [6848470-1] [6848470] [15-3254]