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BALLOU v. McELVAIN

No. 20-35416.

29 F.4th 413 (2021)

Julie BALLOU, Plaintiff-Appellee, v. James McELVAIN, Phd, in his individual and representative capacity, Defendant-Appellant, and City of Vancouver, a municipal corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2021.

Amended March 24, 2022.

Attorney(s) appearing for the Case

Daniel G. Lloyd (argued) and Sara Baynard-Cooke , Assistant City Attorneys, City Attorney's Office, Vancouver, Washington, for Defendant-Appellant.

Matthew C. Ellis (argued), Matthew C. Ellis P.C., Portland, Oregon; Stephen L. Brischetto, Portland, Oregon; for Plaintiff-Appellee.

Before: Mary H. Murguia, Chief Judge, and Danny J. Boggs and Marsha S. Berzon, Circuit Judges.

ORDER

The opinion filed on September 28, 2021, and reported at 14 F.4th 1042, is hereby amended. An amended opinion is filed concurrently with this order.

With the opinion as amended, the panel unanimously voted to deny the petition for panel rehearing. Chief Judge Murguia voted to deny the petition for rehearing en banc, and Judge Boggs and Judge Berzon so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has...

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