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14-16207 - Lisa Demaree, et al v. John Krause, et al


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14-16207 - Lisa Demaree, et al v. John Krause, et al
January 23, 2018
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FILED PER CURIAM OPINION (MARSHA S. BERZON, N. RANDY SMITH and JACK ZOUHARY) AFFIRMED IN PART, REVERSED IN PART AND REMANDED. Concurrence by Judge Berzon; Partial Concurrence and Partial Dissent by Judge Zouhary; Dissent by Judge N.R. Smith. FILED AND ENTERED JUDGMENT. [10734076]
April 6, 2018
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Filed order and amended opinion (MARSHA S. BERZON, N. RANDY SMITH and JACK ZOUHARY). The separate opinion by Judge N.R. Smith filed on January 23, 2018, and reported at 880 F.3d 1066, is hereby amended. The superseding separate opinion will be filed concurrently with this order. A majority of the panel has voted to deny the petition for rehearing en banc. Judge Zouhary suggested that the petition for rehearing en banc be granted. The full court has been advised of the suggestion for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. No petitions for panel rehearing or further petitions for rehearing en banc will be entertained.; Amending Disposition Opinion AFFIRMED IN PART, REVERSED IN PART AND REMANDED. Per Curiam Opinion; Separate Opinion by Judge N.R. Smith; Concurrence by Judge Berzon; Partial Concurrence and Partial Dissent by Judge Zouhary [10826838]