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TEKLE v. U.S.

No. 04-55026.

511 F.3d 839 (2006)

Ephraim TEKLE, a minor, by and through his Guardian Ad Litem, Lily Tekle, Plaintiff-Appellant, v. UNITED STATES of America; Garo Torossian; Keith Boden; Charles McCalmont; Thomas Jankowski; David M. Hawkes, all agents and employees of the Internal Revenue Service, an agency of the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed August 11, 2006.

Opinion Withdrawn December 3, 2007.

Amended Opinion Filed December 3, 2007.

Attorney(s) appearing for the Case

A. Clifton Hodges, Hodges and Associates, Pasadena, CA, for the plaintiff-appellant.

Frank M. Travieso, Assistant United States Attorney, Los Angeles, CA, for the defendants-appellees.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

Opinion by Judge TASHIMA: Partial Concurrence and Partial Dissent by Judge FSHER; Concurrence by Judge KLEINFELD.

ORDER AND AMENDED OPINION

ORDER

Defendants-appellees' petition for panel rehearing is granted. The opinion and Judge Kleinfeld's opinion concurring the result filed on August 11, 2006, and reported at 457 F.3d 1088, are withdrawn and replaced by the amended opinion, Judge Fisher's opinion concurring...

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