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FRUNZ v. CITY OF TACOMA

No. 05-35302.

476 F.3d 661 (2007)

Susan FRUNZ, Plaintiff-Appellee, v. CITY OF TACOMA, a municipal corporation; Tacoma Police Department; Alan Morris, TPD Officer, in his individual capacity; Gary T. Stril, TPD Sergeant; David Alred, TPD Officer, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

January 16, 2007.

Attorney(s) appearing for the Case

Jean P. Homan, Esq., Tacoma City Attorney's Office, Tacoma, WA, for Defendants-Appellants.

Before ALEX KOZINSKI and FERDINAND F. FERNANDEZ, Circuit Judges, and CORMAC J. CARNEY, District Judge.

ORDER

Defendants have responded to our order to show cause. See Frunz v. City of Tacoma, 468 F.3d 1141, 1147 n. 10 (9th Cir. 2006). They argue that their appeal wasn't frivolous because they reasonably relied on relevant case authorities, notably, Murdock v. Stout, 54 F.3d 1437 (9th Cir. 1995). We quote at length from the response:

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