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JOHNSON v. CITY OF PLEASANTON

Nos. 91-16153, 91-16181.

982 F.2d 350 (1992)

Wayne JOHNSON and Judie Johnson, Plaintiffs-Appellants, v. CITY OF PLEASANTON, Defendant-Appellee. Wayne JOHNSON and Judie Johnson, Plaintiffs-Appellees, v. CITY OF PLEASANTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed November 23, 1992.

Opinion Withdrawn December 29, 1992.

Decided December 29, 1992.

Attorney(s) appearing for the Case

Daniel C. Rooney, Redwood City, CA, for plaintiff-appellant-cross-appellee.

Dennis Beougher, Asst. City Atty., Pleasanton, CA, for defendant-appellee-cross-appellant.

Before: GOODWIN and SCHROEDER, Circuit Judges, and KEEP, District Judge.

ORDER

The opinion filed November 23, 1992, is withdrawn.

The petition for rehearing is granted in part. A new opinion will be filed concurrently with this order.

OPINION

GOODWIN, Circuit Judge:

Wayne and Judie Johnson ("the Johnsons") appeal from a summary judgment in favor of the City of Pleasanton, and the City appeals from a partial summary judgment in favor of the Johnsons, in an action for damages and injunctive relief in a...

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