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SANTIAGO v. RUMSFELD

No. 05-35005.

425 F.3d 549 (2005)

Emiliano SANTIAGO, Petitioner-Appellant, v. Donald H. RUMSFELD, Secretary of Defense; Les Brownlee, Secretary of the United States Department of the Army (Acting); Raymond Byrne, Acting Adjutant General of the Oregon National Guard; David Doran, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2005.

Amended September 28, 2005.

Attorney(s) appearing for the Case

Steven Goldberg, Goldberg, Mechanic, Stuart & Gibson, LLP, Portland, OR, for the petitioner-appellant.

H. Thomas Byron, III, Attorney, Appellate Staff Civil Division, Department of Justice, Washington, D.C., for the respondents-appellees.

Before CANBY, TALLMAN, and RAWLINSON, Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION

CANBY, Circuit Judge.

ORDER

The opinion filed in this case on May 13, 2005, and reported at 407 F.3d 1018, is amended as follows:

At page 1022, right column, first new paragraph: modify the first full sentence so that it states: "It is inappropriate, however, to imply an intent to exclude when...

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