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McSHERRY v. CITY OF LONG BEACH

No. 06-55837.

584 F.3d 1129 (2009)

Leonard McSHERRY, Plaintiff-Appellant, v. CITY OF LONG BEACH; Long Beach Police Department; Norman Turley, Officer; Carthel S. Roberson, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Order and Opinion Filed October 20, 2009.

Attorney(s) appearing for the Case

Mark E. Overland, Los Angeles, CA, for the plaintiff-appellant.

Michael M. Mullins and Nowland C. Hong (argued), Akerman Senterfitt LLP, Los Angeles, CA, for the defendants-appellees.

Before: STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

ORDER

The Opinion filed March 30, 2009, slip op. 3805, and appearing at 560 F.3d 1125 (9th Cir.2009), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

The superseding opinion will be filed concurrently with this order. The parties may file an additional petition for rehearing or rehearing en banc. All other pending motions are denied as moot.

OPINION...

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