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GREEN v. CITY OF TUCSON

No. 99-15625.

255 F.3d 1086 (2001)

Aspen Green, Neale Allen, Jon Michael, Dorita Brady, Wallace L. Craig, Judy Lester, Residents and Qualified Electors in Tortolita, Plaintiffs-Appellants, v. City of Tucson, an Arizona municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 22, 2001.

Filed July 9, 2001.

Attorney(s) appearing for the Case

Anthony B. Ching, Tempe, Arizona; William J. Risner, Risner & Graham, Tucson, Arizona, for the plaintiffs-appellants.

Dennis P. McLaughlin, Tucson, Arizona, Principal Asst. City Atty., for the defendant-appellee.

Before: Mary M. SCHROEDER, CHIEF JUDGE, HARRY PREGERSON, TROTT, STEPHEN S. TROTT, ANDREW J. KLEINFELD, MICHAEL DALY HAWKINS, SUSAN P. GRABER, WARDLAW, W. KIM MCLANE WARDLAW, WILLIAM A. FLETCHER, RAYMOND C. FISHER, RICHARD A. PAEZ and MARSHA S. BERZON, Circuit Judges.

Rehearing En Banc Granted November 30, 2000.

Argued and Submitted En Banc March 22, 2001 — San Francisco, California.

BERZON, Circuit Judge:

While litigation concerning the constitutionality of a state statute was pending in state court, four individual plaintiffs filed this federal court challenge to the same statute, alleging similar constitutional defects to those alleged by the state court litigants. The district court dismissed the

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