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DARENSBURG v. METROPOLITAN TRANSP. COM'N

No. 09-15878.

636 F.3d 511 (2011)

Sylvia DARENSBURG; Vivian Hain, on behalf of themselves and others similarly situated; Amalgamated Transit Union, Local 192; Communities for a Better Environment, Plaintiffs-Appellants, and Virginia Martinez, Plaintiff, v. METROPOLITAN TRANSPORTATION COMMISSION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 16, 2011.

Attorney(s) appearing for the Case

Linda Lye (argued), Peter D. Nussbaum , P. Casey Pitts , and Daniel Purtell of Altschuler Berzon LLP, San Francisco, CA; Bill Lann Lee , Margaret Hasselman , Angelica Kristen Jongco , and Sacha C. Steinberger of Lewis Feinberg Lee Renaker & Jackson, PC, Oakland, CA; Matthew Brigham , Heather Dunn Navarro , Brandon Kimura , Neha M. Marathe , and Jessica Valenzuela Santamaria, Cooley LLP; Richard A. Marcantonio, Jr. and Guillermo Mayer of Public Advocates, Inc., San Francisco, CA; and Adrienne Bloch of Communities for a Better Environment, Oakland, CA, for appellants.

Kimon Manolius (argued), Julia H. Veit , Warren Richmond Webster , Megan O. Thompson , and Emily M. Charley of Hanson Bridgett LLP, San Francisco, CA; Francis F. Chin , Cynthia E. Segal of Metropolitan Transportation Commission, Oakland, CA, for appellees.

Opinion by Judge SILVERMAN; Concurrence by Judge NOONAN.

OPINION

SILVERMAN, Circuit Judge:

Plaintiffs-appellants, a class of members of racial minority groups who ride buses operated by the Alameda-Contra Costa Transit District ("AC Transit"), a labor union, and a community-based organization appeal from the district court's judgment in favor of the Metropolitan Transportation Commission. Claiming state and federal civil rights violations, Plaintiffs allege that MTC's disproportionate emphasis on rail expansion...

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