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GASTON v. PALMER

No. 01-56367.

417 F.3d 1050 (2005)

Anthony (Tony) GASTON, Petitioner-Appellant, v. Anna Ramirez PALMER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

August 2, 2005.

Attorney(s) appearing for the Case

Gerson Simon, Los Angeles, CA, for Petitioner-Appellant.

Anthony (Tony) Gaston, Vacaville, CA, pro se.

Peggie Bradford Tarwater, Esq., AGCA — Office Of The California Attorney General (LA), Los Angeles, CA, for Respondent-Appellee.

Before KLEINFELD, WARDLAW, and W. FLETCHER, Circuit Judges.

Order; Dissent by Judge O'SCANNLAIN.

ORDER WITHDRAWING OPINION AND DENYING THE PETITION FOR REHEARING EN BANC

ORDER

This court's opinion filed October 28, 2004 [387 F.3d 1004] is hereby withdrawn and replaced with the attached Opinion. With the filing of the new opinion, the petition for rehearing en banc filed November 12, 2004 is DENIED. Judge Kleinfeld would grant it.

A judge of the court called for...

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