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ARC OF WASHINGTON STATE INC. v. BRADDOCK

No. 03-35605.

427 F.3d 615 (2005)

The ARC OF WASHINGTON STATE INC., a Washington Corporation on behalf of its members; Guadalupe E. Cano, by and through her guardian Delia C. Cano; Olivia Murguia, by and through her guardian Teri L. Hewett; Lorianne V. Ludwigson, by and through her guardians Donald and Sheryl Ludwigson, Plaintiffs-Appellants, v. Dennis BRADDOCK, in his official capacity as the Secretary of the Washington Department of Social and Health Services; Department of Social & Health Services State of Washington; Financial Management Office of the State of Washington; Marty Brown, in his official capacity as Director of the Washington Office of Financial Management; Timothy R. Brown, in his official capacity as the Director of the Washington State Division of Developmental Disabilities; Developmental Disabilities Division; Christine Gregoire, in her capacity as Governor of the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted March 29, 2005.

Filed October 14, 2005.

Attorney(s) appearing for the Case

Susan Delanty Jones, Preston Gates & Ellis LLP, and Larry A. Jones and Christine Thompson Ibrahim, Seattle, WA, for the plaintiffs-appellants.

Rob McKenna, Attorney General, and William M. Van Hook and Edward J. Dee, Assistant Attorneys General, Olympia, WA, for the defendants-appellees.

Before KOZINSKI, FERNANDEZ, and CLIFTON, Circuit Judges.

Opinion by Judge KOZINSKI; Concurrence by Judge FERNANDEZ.

ORDER

The petition for rehearing is GRANTED. The petition for rehearing en banc is DENIED as moot. The opinion filed March 29, 2005, and reported at 403 F.3d 641, is withdrawn, and is replaced by the Opinion and concurrence, 03-35605. Further petitions for rehearing and rehearing en banc will be accepted. See Fed...

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