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RIVERA v. NATIONAL RAILROAD PASSENGER CORP.

No. 01-16232.

340 F.3d 767 (2003)

John RIVERA, Plaintiff-Appellant, v. D.C. No. NATIONAL RAILROAD PASSENGER CORPORATION; Richard Carney; Larry Mahon; Angel Acevedo; Carlos Hernandez; John Fallowfield; Doug Demming; Tom Mahr, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2003.

Amended August 14, 2003.

Attorney(s) appearing for the Case

Stuart B. Esner (briefed) and Andrew N. Chang (argued), Esner & Chang, Los Angeles, California, for the plaintiff-appellant.

Kathy M. Banke, Crosby, Heafey, Roach & May, Oakland, California, for the defendants-appellees.

Before: Bobby R. Baldock, Andrew J. Kleinfeld and Johnnie B. Rawlinson, Circuit Judges.

Argued and Submitted October 9, 2002 — San Francisco, California.

ORDER

Appellees' Request for Modification of Opinion filed on June 18, 2003, is GRANTED.

The Opinion filed on June 10, 2003, is amended as follows:

At page 7885, first full paragraph, line 9, delete the following sentence: "Of course, upon remand the district court may decline to exercise supplemental jurisdiction over the remaining state law defamation claim. See...

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