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MACFARLANE v. WALTER

No. 97-35725.

179 F.3d 1131 (1999)

Donald MACFARLANE and James Fogle, Petitioners-Appellants, v. Kay WALTER and Kenneth Ducharme, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 1999.

Amended June 9, 1999.

Attorney(s) appearing for the Case

James E. Lobsenz, Carney Badley Smith & Spellman, Seattle, Washington, for the petitioners-appellants and Meredith Rountree, Law Office of Meredith Martin Rountree, Seattle, Washington, for Petitioners-Appellants.

Donna H. Mullen, Office of General Counsel, Corrections Division, Olympia, Washington, for the Respondents-Appellees.

Before: SKOPIL, REINHARDT, and GRABER, Circuit Judges.

ORDER

The panel has voted to deny Appellees' petition for rehearing. Judge Reinhardt and Judge Graber have voted to deny the petition for rehearing en banc and Judge Skopil has recommended denying the petition for rehearing en banc.

The opinion is amended as follows:

(1) At Slip Op. 4197, second paragraph, line 4:

"one-third" is changed to "one-quarter"

(2) At Slip Op. 4197, second paragraph, line 6:

"two days" is changed...

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