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LOMBARDO v. WARNER

No. 02-35269.

371 F.3d 538 (2004)

James LOMBARDO, Plaintiff — Appellant, v. Bruce WARNER, in his official capacity as Director of the Oregon Department of Transportation, Defendant — Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2004.

Attorney(s) appearing for the Case

Alan R. Herson, Jacksonville, OR, for Plaintiff-Appellant.

Richard D. Wasserman, Asst. Atty. Gen., Janet A. Metcalf, Office of the Attorney General, Salem, OR, for Defendant-Appellee.

Before SCHROEDER, Chief Judge.

ORDER

SCHROEDER, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the...

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