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COMMITTEE CONCERNING COMMUNITY IMP. v. MODESTO

Nos. 07-16715, 07-17407.

583 F.3d 690 (2009)

THE COMMITTEE CONCERNING COMMUNITY IMPROVEMENT; South United Neighbors; David Cano; Manuel Aspin; Hortensia Franco; Ena Lopez; Griselda Martinez; Salvador Gutierrez Martinez; Juan Mercado; Magdalena Mercado; Juan Perez; Gloria Pimentel; Alfonso Rivera; Darren Schaeffer, Plaintiffs-Appellants, v. CITY OF MODESTO; County of Stanislaus; Stanislaus County Sheriff, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2009.

Attorney(s) appearing for the Case

Brian Brosnahan, Kasowitz, Benson, Torres, & Friedman LLP, San Francisco, CA; Robert Rubin, Lawyers' Committee for Civil Rights, San Francisco, CA; Donald Brown, Nathan E. Shafroth, Covington & Burling LLP, San Francisco, CA; Madeleine Loh, Fitzgerald Abbott & Beardsley LLP, Oakland, CA; Howard A. Slavitt, Coblentz, Patch, Duffy & Bass LLP, San Francisco, CA; and Ilene J. Jacobs, Katherine Hogan, California Rural Legal Assistance, Marysville & Modesto, CA, for the appellants.

John E. McDermott, Howrey LLP, Los Angelos, CA, for appellee City of Modesto.

Terrence J. Cassidy, Porter Scott, Sacramento, CA, for appellee County of Stanislaus.

Reed N. Colfax, D. Scott Chang, Relman & Dane PLLC, Washington, DC, for Amici The National Fair Housing Alliance, Fair Housing of Marin, Bay Area Legal Aid, Fair Housing Council of San Diego, California, The Housing Rights Center, The Law Foundation of Silicon Valley, Public Advocates Inc., and The Public Interest Law Project.

Before: MARY M. SCHROEDER and STEPHEN REINHARDT, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

POLLAK, District Judge:

Appellants (who were plaintiffs in the District Court, and will be referred to as "plaintiffs" here) are residents of four predominantly-Latino neighborhoods, as well as two community groups each representing a neighborhood. The neighborhoods are outside the city of Modesto ("City") and within the City's "sphere of influence" although not incorporated into the City proper; such neighborhoods are known as "unincorporated territory" or "islands...

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