EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. LEE'S LOG CABIN, INCORPORATED, Defendant-Appellee, 554 F.3d 1102

The slip opinion issued on October 6, 2008, is Amended to add the following language at the end of footnote 4 on page 12, 546 F.3d at 444: We caution that nothing in this opinion should be read to suggest that the EEOC’s complaint failed to state a claim; we hold only that the district court was within its discretion to refuse to permit a change in the claim under the procedural circumstances of this case. Otherwise, on consideration of the petition for panel rehearing and for rehearing en banc, a majority of judges have voted to deny rehearing.

Circuit Judges Rovner, Wood, Evans, and Williams voted to grant en banc rehearing. It is therefore ordered that the petition for rehearing and for rehearing en banc is Denied. Circuit Judge Williams has written an opinion, which Judges Rovner, Wood, and Evans have joined, dissenting from the denial of the petition.