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SMIDDY v. VARNEY

Nos. 83-6507, 85-5687, 85-6007.

811 F.2d 504 (1987)

Gary D. SMIDDY, Plaintiff-Appellee, v. Dudley D. VARNEY, Sidney Nuckles, Raymond Inglin, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

February 25, 1987.

Attorney(s) appearing for the Case

Richard M. Helgeson, Asst. City Atty., Los Angeles, Cal., for defendants-appellants.

Talcott, Vandevelle & Woehrle, Michael Lightfoot and Carla Woehrle, Los Angeles, Cal., for plaintiff-appellee.

Before GOODWIN and NELSON, Circuit Judges, and SCHWARZER, District Judge.

Prior Report: 803 F.2d 1469, 9th Cir.

ORDER

The petition for rehearing is granted in part.

The following language, reported at 803 F.2d 1473, first column, first full paragraph, eighth sentence, is deleted:

The city is entitled to recover its costs and attorneys' fees in this court on its successful appeals.

The full court was advised of the suggestion for rehearing...

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