TRUNK v. CITY OF SAN DIEGO

Nos. 08-56415, 08-56436.

660 F.3d 1091 (2011)

Steve TRUNK, Plaintiff, and Jewish War Veterans of the United States of America, Inc.; Richard A. Smith; Mina Sagheb; Judith M. Copeland, Plaintiffs-Appellants, v. CITY OF SAN DIEGO; United States of America; Robert M. Gates, Secretary of Defense, Defendants-Appellees. Steve Trunk, Philip K. Paulson, Plaintiffs-Appellants, and Richard A. Smith; Mina Sagheb; Judith M. Copeland; Jewish War Veterans of the United States of America, Inc., Plaintiffs, v. City of San Diego; United States of America; Mount Soledad Memorial Association, Real parties in interest; Robert M. Gates, Secretary of Defense, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 14, 2011.


Attorney(s) appearing for the Case

John David Blair-Loy, Esquire , Legal Director, ACLU Foundation of San Diego and Imperial Counties, San Diego, CA, Matthew T. Jones , Laura M. Hussain , Adam Raviv , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, Daniel Mach , ACLU-American Civil Liberties Union, Washington, DC, for Plaintiffs-Appellants.

George Frederick Schaefer, Esquire , City Attorney's Office, San Diego, CA, Joan M. Pepin , DOJ-U.S. Department of Justice, Washington, DC, Thomas C. Stahl , Chief Counsel, Office of the U.S. Attorney, San Diego, CA, for Defendants-Appellees.

Order; Dissent by Judge BEA.


ORDER

A majority of the panel has voted to deny the petitions for rehearing. A judge of the court called for a vote on the petitions for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f). The petitions for rehearing and for rehearing en banc are DENIED.

BEA, Circuit Judge, dissenting from the denial of rehearing en banc, joined by O'SCANNLAIN, TALLMAN, CALLAHAN...

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