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SILVER SAGE PARTNERS v. CITY OF DESERT HOT SPRINGS

Nos. 99-56917, 99-56919, 99-55920.

251 F.3d 814 (2001)

SILVER SAGE PARTNERS, LTD., Robert E. Fillet, Paul Saben, Richard L. Earlix, Michael S. Linsk, Plaintiffs-Appellants, v. CITY OF DESERT HOT SPRINGS, Desert Hot Springs City Council, John Isaacs, Mayor, Daniel Been, Mike Segrist, Sue Wood, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed May 21, 2001.

Opinion Withdrawn June 1, 2001.

Opinion Filed June 1, 2001.

Attorney(s) appearing for the Case

William J. Davis, Min Chang, and Won Chang, Davis & Company, P.C., Los Angeles, California, for the plaintiffs-appellants.

Kevin Patrick McVerry, Graves, Roberson & Bourassa, Thousand Oaks, California, for the defendants-appellees.

Before: Procter Hug, Jr. and Betty B. Fletcher, Circuit Judges, and Susan Y. Illston, District Judge.

Argued and Submitted March 5, 2001 — Pasadena, California.

ORDER AND OPINION

B. FLETCHER, Circuit Judge:

ORDER

The opinion filed on May 21, 2001 is withdrawn.

OPINION

We must decide whether a jury's award of damages in the amount of $3,040,439 was against the clear weight of the evidence. Because we conclude that it was not, we reverse and remand with instructions that the jury's verdict be reinstated. We must also...

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