Citation Codes Equivalent Citations citation codes Docket Number No. 93-15769. Judges Mary Murphy Schroeder Pamela Ann Rymer William Lee Dwyer See more information ... Smart Summary Please sign up to generate summary. 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. Hazel O' Leary, the current Secretary of Energy, is substituted for former Secretary James D. Watkins. See Fed.R.App.Pro. 43(c)(1). ORDER The opinion at 57 F.3d 766 (9th Cir. 1995) is amended as follows: Page 770, right hand column, second full sentence should be removed beginning "The record . . . guards." Insert the following new sentence after the first sentence in the last paragraph of the opinion: "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." With these changes the petition for rehearing is DENIED.