No. 93-35641.

64 F.3d 1260 (1995)

Michelle HUSSEY, James Hussey, Mary Fran Mathis, John Rutherford, and Teresa Rutherford, Plaintiffs-Appellants, v. CITY OF PORTLAND, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum January 19, 1995.

Memorandum Withdrawn August 18, 1995.

Decided August 18, 1995.

Attorney(s) appearing for the Case

Elden M. Rosenthal and B. Carlton Grew, Rosenthal & Greene, Portland, OR, for plaintiffs-appellants.

Tracy Pool Reeve, Office of the City Attorney, Portland, OR, for defendant-appellee.

Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges.


The memorandum disposition filed January 19, 1995 is withdrawn. With the memorandum disposition withdrawn, the Petition for Rehearing and the Motion to Certify Questions of State Law to the Oregon Supreme Court are moot.


RYMER, Circuit Judge:

We must decide whether the City of Portland's ordinance requiring non-residents to consent to annexation as a condition of receiving a subsidy, or reduction in hook-up costs, for mandated...

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