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MORENO v. BACA

No. 02-55627.

431 F.3d 633 (2005)

R. MORENO, in his individual capacity and in his capacity as representative of the classes described fully herein, Plaintiff-Appellee, v. Leroy BACA; Michael Antonovich; Yvonne Burke; Donald Knabe; Gloria Molina; Zev Yaroslavsky, Defendants, and Banks, Deputy Sheriff # 403862; Garcia, Depty Sheriff # 412525, Defendants-Appellants, State of California, Intervenor-on-Appeal.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 8, 2003.

Resubmitted February 16, 2005.

Opinion Filed March 7, 2005.

Opinion Withdrawn and Amended Opinion Filed December 9, 2005.

Attorney(s) appearing for the Case

Devallis Rutledge, Manning & Marder Kass, Ellrod, Ramirez, Irvine, CA, for the defendants-appellants.

Kathryn S. Bloomfield, Yagman & Yagman & Reichmann & Bloomfield, Venice Beach, CA, for the plaintiff-appellee.

Doris A. Calandra, Deputy Attorney General, Sacramento, CA, for the intervenor-on-appeal.

Before PREGERSON, TASHIMA, and CLIFTON, Circuit Judges.

TASHIMA, Circuit Judge.

ORDER

The Opinion and separate Opinion concurring in the judgment filed on March 7, 2005, slip op. 2657 and 2687, and reported at 400 F.3d 1152 and 1169, are withdrawn and replaced by the Amended Opinion filed concurrently with this order.

The foregoing action renders defendants-appellants' petition for rehearing and petition for rehearing en banc, and intervenor-on-appeal State of California...

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