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CASHMAN v. CITY OF COTATI

No. 03-15066.

415 F.3d 1027 (2005)

Gene CASHMAN; Athena Sutsos, Plaintiffs-Appellants, v. CITY OF COTATI, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 15, 2005.

Attorney(s) appearing for the Case

David M. Ivester, Stoel Rives LLP, San Francisco, CA, R.S. Radford, Esq., Meriem L. Hubbard, Esq., Pacific Legal Foundation, Sacramento, CA, for Plaintiffs-Appellants.

Walter & Pistole, Sonoma, CA, Henry E. Heater, Esq., Endeman Lincoln Turek & Heater, San Diego, CA, for Defendant-Appellee.

Before ALARCÓN, BEEZER, and W. FLETCHER, Circuit Judges.

ORDER

This court suspended consideration of appellee's petition for rehearing and rehearing en banc pending the Supreme Court's issuance of a decision in Lingle v. Chevron USA, ___ U.S. ___, 125 S.Ct. 2074, ___ L.Ed.2d ___ (2005). The Supreme Court's opinion in Lingle requires us to grant the City of Cotati's petition for rehearing and to withdraw our opinion filed July 15, 2004.

We affirm the district court's judgment in favor of the City...

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