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ALASKA RAILROAD CORP. v. FLYING CROWN SUBDIVISION

No. 22-35573.

89 F.4th 792 (2023)

ALASKA RAILROAD CORPORATION, Plaintiff-Appellee, v. FLYING CROWN SUBDIVISION ADDITION NO. 1 AND ADDITION NO. 2 PROPERTY OWNERS ASSOCIATION, a non-profit, Defendant-Appellant, and Municipality of Anchorage, Dept of Law, Intervenor-Defendant.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted August 15, 2023 Anchorage, Alaska.

Attorney(s) appearing for the Case

Jeffrey W. McCoy (argued), Pacific Legal Foundation, Highlands Ranch, Colorado; Damien M. Schiff , Pacific Legal Foundation, Sacramento, California; Paige E. Gillard , Pacific Legal Foundation, Arlington, Virginia; Eva R. Gardner , Ashburn & Mason PC, Anchorage, Alaska; Thomas E. Meacham , Thomas E. Meacham Attorney at Law, Anchorage, Alaska; for Defendant-Appellant.

Michael C. Geraghty (argued) and William G. Cason , Holland & Hart LLP, Anchorage, Alaska, for Plaintiff-Appellee.

Ashley C. Brown and John A. Lehman, Kemppel Huffman and Ellis PC, Anchorage, Alaska, for Amicus Curiae Matanuska Telecom Association, Inc.

Opinion by Judge Nguyen.

ORDER

The Honorable Chief Judge Mary Murguia is recused from this case and Judge Bade was drawn as a replacement judge pursuant to General Order 3.2h (Dkt. No. 45). The opinion filed on September 18, 2023 is hereby withdrawn. A new opinion reflecting Judge Bade's concurrence will be filed contemporaneously with this order.

The panel has voted to deny the petition for panel rehearing. Judge Nguyen and Judge Bade have voted to deny the petition for rehearing...

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