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WALLACE v. CITY OF SAN DIEGO

No. 03-56552.

479 F.3d 616 (2007)

James D. WALLACE, Plaintiff-Appellant, v. CITY OF SAN DIEGO; City of San Diego Police Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2006.

Amended February 12, 2007.

Attorney(s) appearing for the Case

Carolyn Chapman, Coronado, CA, for the appellant.

Mark Stiffler, Deputy City Attorney, San Diego, CA, for the appellee.

Before: JAMES R. BROWNING, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

ORDER

We have before us petitions for rehearing from both Appellee the City of San Diego and Appellant Wallace.

I.

Judge Browning and Judge Fisher vote to deny the City of San Diego's petition for panel rehearing. Judge Fisher votes to deny the petition for rehearing en banc, and Judge Browning so recommends. Judge Bybee votes to grant the petition for panel rehearing and the petition for rehearing en banc. The petition for rehearing en banc was...

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