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SOUTHERN OREGON BARTER FAIR v. JACKSON COUNTY, OR.

No. 02-35560.

401 F.3d 1124 (2005)

SOUTHERN OREGON BARTER FAIR, Plaintiff-Appellant, v. JACKSON COUNTY, OREGON; Jackson County Board of Commissioners; Jackson County Sheriff's Department; Ric Holt; Jack Walker; Sue Kupillas; Robert Kennedy, Defendants, and State of Oregon, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

March 24, 2005.

Attorney(s) appearing for the Case

Christina Hutchins, Office of the Oregon Attorney General, Salem, OR, for Defendant-intervenor-Appellee.

Before: ALARCON, RAWLINSON, and BYBEE, Circuit Judges.

ORDER

Judges Rawlinson and Bybee have voted to deny the petition for rehearing en banc and Judge Alarcon so recommends.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition for panel rehearing en banc, filed July 21...

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