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CARR v. DISTRICT OF COLUMBIA

No. 08-7083.

599 F.3d 653 (2010)

Sarah CARR, et al., Appellees v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

March 11, 2010.

Attorney(s) appearing for the Case

Susan Beth Dunham, Daniel M. Schember, Gaffney & Schember, Frederick V. Mulhauser, Arthur Barry Spitzer, American Civil Liberties Union of the National Capital Area, Washington, DC, for Appellees.

Stacy Anderson, Adonna M. Murasky, Esquire, Todd Sunhwae Kim, Peter J. Nickles, Office of the Attorney General for the District of Columbia Office of the Solicitor General, Washington, DC, for Appellant.

Before SENTELLE, Chief Judge, GRIFFITH, Circuit Judge, and Silberman, Senior Circuit Judge.

ORDER

PER CURIAM.

Upon consideration of appellees' petition for panel rehearing filed on December 21, 2009, it is

ORDERED that the petition be denied.

SILBERMAN, Senior Circuit Judge, joined by SENTELLE, Chief Judge, concurring in the denial of rehearing:

In our opinion, we noted that if the crowd acted as a unit, it was possible that "an entirely innocent person would be mistaken for a rioter" — but that...

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