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PHIFFER v. COLUMBIA RIVER CORRECTIONAL INSTITUTE

No. 01-35984.

384 F.3d 791 (2004)

Billy Ray PHIFFER, an individual, Plaintiff-Appellee, v. COLUMBIA RIVER CORRECTIONAL INSTITUTE, a State of Oregon Public Entity; Santiam Correctional Institute, a State of Oregon public entity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2004.

Amended September 21, 2004.

Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, State of Oregon, for the defendants-appellants.

Dawna F. Scott, Lake Oswego, OR, for the plaintiff-appellee.

Before O'SCANNLAIN, FERNANDEZ, and FISHER, Circuit Judges.

Concurrence by Judge O'Scannlain

ORDER AND AMENDED OPINION

PER CURIAM.

ORDER

The per curiam opinion filed on September 13, 2004, is amended to include a concurrence by Judge O'Scannlain.

OPINION

On April 21, 2003, we filed a memorandum in this case. 63 Fed.Appx. 335 (9th Cir.2003). The Supreme Court granted certiorari, ___ U.S. ___, 124 S.Ct. 2386, 158 L.Ed.2d 960 (2004), and vacated and remanded for further consideration...

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