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TORRES v. CITY OF LOS ANGELES

No. 06-55817.

548 F.3d 1197 (2008)

Raymond TORRES; Maria Elva Almador-Torres, Plaintiffs-Appellants, v. CITY OF LOS ANGELES; Los Angeles Police Department, Brad Roberts, LAPD Detective; Jennifer Hickman, LAPD Detective; Steve Park, LAPD Detective; F. Rains, LAPD Detective, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed August 26, 2008.

Opinion Withdrawn November 13, 2008.

New Opinion Filed November 13, 2008.

Attorney(s) appearing for the Case

Nelson E. Brestoff (argued), Moskowitz, Brestoff, Winston & Blinderman, LLP, Valencia, CA, Julia A. Follansbee, Follansbee & Associates, Bend, OR, for the plaintiffs-appellants.

Rockard J. Delgadillo, Janet G. Bogigian, Amy Jo Field (argued), Los Angeles City Attorney's Office, Los Angeles, CA, for the defendants-appellees.

Before: B. FLETCHER and N. RANDY SMITH, Circuit Judges, and SAMUEL P. KING, District Judge.

ORDER AND OPINION

ORDER

The Opinion filed August 26, 2008, slip op. 11723, and appearing at 540 F.3d 1031 (9th Cir.2008), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

The panel has voted to deny the petition for panel rehearing. Judge N.R. Smith votes to deny the petition for rehearing en banc and Judges B. Fletcher and King so recommend.

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