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GENZLER v. LONGANBACH

Nos. 02-56572, 02-56573.

410 F.3d 630 (2005)

David GENZLER, Plaintiff-Appellee, v. Peter J. LONGANBACH, Defendant-Appellant, and Jeffrey O'Brien; County of San Diego, a governmental entity; San Diego County District Attorney's Office; Gregory Thompson; James Pippen; Paul Pfingst, Defendants. David Genzler, Plaintiff-Appellee, v. Peter J. Longanbach; County of San Diego, a governmental entity; San Diego County District Attorney's Office, Defendants, and Jeffrey O'Brien; Gregory Thompson; James Pippen; Paul Pfingst, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2005.

Attorney(s) appearing for the Case

Todd R. Kinnear, Edward Patrick Swan, Jr., Luce, Forward, Hamilton and Scripps, San Diego, CA, Jeffrey G. Carver, San Diego, CA, Morris G. Hill, Office of the County Counsel, San Diego, CA, for the appellants.

Patrick L. Hosey, Hosey & Bahrambeygui, San Diego, CA, for the appellee.

Before PREGERSON, COWEN, and W. FLETCHER, Circuit Judges.

ORDER WITHDRAWING OPINION AND DENYING PETITION FOR REHEARING AND OPINION

ORDER

The opinion filed on September 27, 2004, and published at Genzler v. Longanbach, 384 F.3d 1092 (9th Cir.2004), is withdrawn and replaced by the attached opinion.

With the filing of this new opinion, the panel has voted unanimously to deny the petitions for rehearing. Judges Pregerson...

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