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OAKLEY v. CITY OF LONGMONT

No. 89-1021.

890 F.2d 1128 (1989)

James OAKLEY, Plaintiff-Appellant, v. CITY OF LONGMONT and Safeco Insurance Company of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 8, 1989.

Attorney(s) appearing for the Case

Mark E. Biddison and Andrew C. Littman of Stevens, Littman & Biddison, Boulder, Colo., for plaintiff-appellant.

Claybourne M. Douglas, City Atty., for defendant-appellee City of Longmont.

Before MOORE, ANDERSON, and BRORBY, Circuit Judges.

ORDER ON PETITION FOR REHEARING

JOHN P. MOORE, Circuit Judge.

Upon appellees' motion for rehearing, it is ordered that rehearing is granted. The mandate is recalled. Upon rehearing, the court's first opinion in the case, Oakley v. City of Longmont, 887 F.2d 249 (10th Cir.1989), is withdrawn. The attached opinion is substituted in its place. The suggestion for rehearing en banc is denied without prejudice. The mandate is reissued forthwith.

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