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ENLOW v. SALEM-KEIZER YELLOW CAB CO., INC.

No. 02-35881.

389 F.3d 802 (2004)

David ENLOW, Plaintiff-Appellant, v. SALEM-KEIZER YELLOW CAB CO., INC., an Oregon corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2004.

Amended November 2, 2004.

Attorney(s) appearing for the Case

John S. Razor, The Law Office of John S. Razor, Salem, OR, for the plaintiff-appellant.

Robert J. Custis, Kent Custis LLP, Portland, OR, for the defendant-appellee.

Before: ALARCÓN, FERGUSON, and RAWLINSON, Circuit Judges.

Opinion by Judge ALARCÓN; Partial Concurrence and Partial Dissent by Judge FERGUSON.

ORDER

The court's opinion, filed June 10, 2004, [371 F.3d 645] is amended as follows:

The second paragraph on slip op. 7621 [371 F.3d at 647] that reads:

We affirm the denial of his motion because we conclude that Yellow Cab presented sufficient evidence to raise a genuine issue of material fact regarding whether it...

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