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SMITH v. ALMADA

Nos. 09-55334, 09-55346.

640 F.3d 931 (2011)

Anthony W. SMITH; Theresa Smith, Plaintiffs-Appellants, v. Robert ALMADA, Santa Monica Police Sergeant, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2011.

Attorney(s) appearing for the Case

Brett J. Vottero , Springfield, MA, for the appellants.

Anthony P. Serritella , Deputy City Attorney, Santa Monica, CA, for the appellee.

Opinion by Judge GWIN; Concurrence by Judge GOULD; Concurrence by Judge GWIN; Dissent by Judge D.W. NELSON.

ORDER

The opinion and dissent in the above-captioned matter filed on October 19, 2010, and published at 623 F.3d 1078, is WITHDRAWN. The superseding opinion, dissent, and concurrences shall be filed concurrently with this order.

The parties shall have fourteen (14) days from entry of the superseding opinion to file petitions for rehearing or petitions for rehearing en banc in the above-captioned matter.

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