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STEINLE v. UNITED STATES

No. 20-15419.

17 F.4th 819 (2021)

James STEINLE, individually and as heir to Kathryn Steinle, deceased; Elizabeth Sullivan, individually and as heir to Kathryn Steinle, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, and City and County of San Francisco, a government entity; Juan Francisco Lopez-Sanchez; Ross Mirkarimi, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2021.

Amended November 8, 2021.

Attorney(s) appearing for the Case

Valerie T. McGinty (argued), Law Office of Valerie T. McGinty, San Mateo, California; Frank M. Pitre and Donald Magilligan , Cotchett Pitre & McCarthy LLP, Burlingame, California; for Plaintiffs-Appellants.

Shiwon Choe (argued), Assistant United States Attorney; Sara Winslow , Chief, Civil Division; David L. Anderson , United States Attorney; United States Attorney's Office, San Francisco, California; for Defendant-Appellee.

Sharon Arkin , The Arkin Law Firm, Brookings, Oregon; Jonathan Lowy , Robert Cross and Christa Nicols, BRADY, Washington, D.C.; for Amicus Curiae BRADY.

Before: A. WALLACE TASHIMA and SUSAN P. GRABER, Circuit Judges, and KATHRYN H. VRATIL, District Judge.

ORDER

The Opinion filed on August 24, 2021 is amended by the Opinion filed concurrently with this Order.

The panel unanimously voted to deny the petition for panel rehearing. Judge Graber voted to deny the petition for rehearing en banc and Judges Tashima and Vratil so recommended. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote. Fed. R. App. P. 35. The petition for rehearing and rehearing...

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