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05-55845 - Stewart, et al v. Gates, et al


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05-55845 - Stewart, et al v. Gates, et al
March 24, 2008
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FILED OPINION (BETTY BINNS FLETCHER, M. MARGARET MCKEOWN and JAY S. BYBEE) AFFIRMED IN PART, REVERSED IN PART AND REMANDED. [Affirmed in Part and Reversed/Vacated in Part;Terminated on the merits after oral hearing;Written, reasoned, signed, published; Judge: BBF Authoring, Judge: MMM On Panel But Did Not Write, Judge: JSB On Panel But Did Not Write (Panel involvement data updated for cases: 05-55829)]. FILED AND ENTERED JUDGMENT. [05-55829, 05-55845]
May 15, 2008
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Filed order and amended opinionThe opinion filed on March 24, 2008 and published at 519 F.3d 985 (9th Cir. 2008), is AMENDED as follows:(SEE ORDER FOR FULL TEXT)Judges McKeown and Bybee have voted to deny the petition for rehearing en banc, and Judge Fletcher has so recommended. The petition for en banc rehearing has been circulated to the full court, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35(b). The petition for rehearing en banc is denied. No further petitions for rehearing or rehearing en banc will be accepted. (BETTY BINNS FLETCHER, M. MARGARET MCKEOWN and JAY S. BYBEE). AFFIRMED IN PART, REVERSED IN PART AND REMANDED. [05-55829, 05-55845]