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BALLEN v. CITY OF REDMOND

No. 04-35606, No. 04-35758.

466 F.3d 736 (2006)

DENNIS BALLEN; NICE TIE INC., a Washington corporation dba Blazing Bagels, Plaintiffs-Appellees, v. CITY OF REDMOND, a municipal corporation; CITY OF REDMOND PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT; ROBERTA LEWANDOWSKI, in her official capacity as Planning Director of the City of Redmond Dept of Planning and Community Development, Defendants-Appellants. DENNIS BALLEN; NICE TIE INC., a Washington corporation dba Blazing Bagels, Plaintiffs-Appellees, v. CITY OF REDMOND, a municipal corporation; CITY OF REDMOND PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT; ROBERTA LEWANDOWSKI, in her official capacity as Planning Director of the City of Redmond Dept of Planning and Community Development, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2006.

Amended October 20, 2006.

Attorney(s) appearing for the Case

J. Zachary Lell, Seattle, Washington, for the defendants-appellants.

Steven M. Simpson, Arlington, Virginia, for the plaintiffs-appellees.

Before: Richard C. Tallman and Jay S. Bybee, Circuit Judges, and Marilyn L. Huff, District Judge.

Argued and Submitted June 6, 2006 — Seattle, Washington.

Opinion by Judge Tallman.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The Opinion filed on September 15, 2006, is amended as follows:

At slip opinion page 11445, first paragraph, line 1: delete the first paragraph and replace with the following text, retaining footnote 1 at the end of the new text:

"Ballen subsequently moved for an award of attorneys'...

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