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BINGHAM v. CITY OF MANHATTAN BEACH

Nos. 01-56044, 01-56086.

341 F.3d 939 (2003)

Howard L. BINGHAM, Plaintiff-Appellee, v. CITY OF MANHATTAN BEACH; Ernest Klevesahl, Jr.; Hodgen Crossett; Does, 1-10, inclusive, Defendants, and Robert Schreiber, Defendant-Appellant. Howard L. Bingham, Plaintiff-Appellant, v. City of Manhattan Beach; Ernest Klevesahl, Jr., Defendants, and Robert Schreiber; Hodgen Crossett, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2003.

Attorney(s) appearing for the Case

David D. Lawrence, Franscell, Strickland, Roberts & Lawrence, Pasadena, California, for the defendant-appellant-cross-appellee.

Howard R. Price, Brodey & Price, Beverly Hills, California, for the plaintiff-appellee-cross-appellant.

Before: Stephen REINHARDT, Stephen S. TROTT, and A. Wallace TASHIMA, Circuit Judges.

Argued and Submitted August 7, 2002 — Pasadena, California.

Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge REINHARDT

ORDER AND AMENDED OPINION

ORDER

The opinion and partially dissenting opinion, filed May 19, 2003, slip op. at 6575, and reported at 329 F.3d 723, are withdrawn and replaced by the amended opinion, and partially concurring and partially

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