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RATTRAY v. CITY OF NATIONAL CITY

No. 92-55791.

51 F.3d 793 (1994)

Samuel W. RATTRAY, Jr., Plaintiff-Appellant, v. CITY OF NATIONAL CITY; City of National City Police Department; Terry Hart, individually, and as Chief of Police; Thomas W. Fowler, individually, and as Captain of the Police Department, San Diego, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1994.

As Amended on Denial of Rehearing; Suggestion for Rehearing March 21, 1995.

Attorney(s) appearing for the Case

Marie A. Backes and Peter G. Friesen, Backes & Friesen, San Diego, CA, for plaintiff-appellant.

Richard R. Terzian and Margaret L. Oldendorf, Adams, Duque & Hazeltine, Los Angeles, CA, for defendants-appellees.

Before: HUG, SCHROEDER and BOOCHEVER, Circuit Judges.

As Amended on Denial of Rehearing; Suggestion for Rehearing En Banc Rejected March 21, 1995.

Opinion by Judge SCHROEDER; Dissent by Judge HUG.

ORDER

The proposed Brief of Amici Curiae in Support of Defendant-Appellees' Petition for Rehearing and Suggestion for Rehearing En Banc is ordered filed.

A majority of the panel as constituted above has voted to deny the petition for rehearing. A majority of the panel has not voted to grant the suggestion...

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