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11-35558 - David Demers v. Erica Austin, et al


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11-35558 - David Demers v. Erica Austin, et al
September 4, 2013
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FILED OPINION (WILLIAM A. FLETCHER, RAYMOND C. FISHER and GORDON J. QUIST) The parties shall bear their own costs. AFFIRMED in part, REVERSED in part, and REMANDED. Judge: WAF Authoring, FILED AND ENTERED JUDGMENT. [8767095]
January 29, 2014
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FILED ORDER AND OPINION (WILLIAM A. FLETCHER, RAYMOND C. FISHER and GORDON J. QUIST)The opinion filed on September 4, 2013, and published at 729 F.3d 1011, is withdrawn and replaced by the attached opinion. With the filing of this new opinion, the panel has voted to deny the petition for rehearing. Judge W. Fletcher has voted to deny the petition for rehearing en banc; and Judges Fisher and Quist so recommend. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing and the petition for rehearing en banc, filed October 3, 2013, are DENIED.The parties shall bear their own costs. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. Judge: WAF Authoring,. FILED AND ENTERED JUDGMENT. [8956789]