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FIORE v. WALDEN

No. 08-17558.

688 F.3d 558 (2011)

Gina FIORE; Keith Gipson, Plaintiffs-Appellants, v. Anthony WALDEN; Unknown Agents of the Federal Government, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2011.

Amended August 8, 2012.

Attorney(s) appearing for the Case

Robert A. Nersesian and Thea Marie Sankiewicz , Nersesian & Sankiewicz, Las Vegas, NV, for the plaintiffs-appellants.

Michael F. Hertz , Acting Assistant Attorney General, and Barbara L. Herwig and Kelsi Brown Corkran , Attorneys, Civil Division, Department of Justice, Washington, D.C., for the defendants-appellees.

Order; Dissent to Order by Judge O'SCANNLAIN; Dissent to Order by Judge McKEOWN; Opinion by Judge BERZON; Dissent by Judge IKUTA.

ORDER

The opinion, filed on September 12, 2011, is withdrawn and replaced by the amended opinion attached to this order.

With this amendment, the majority of the panel has voted to deny appellee's petition for rehearing. Judge Berzon has voted to deny the petition for rehearing en banc and Judge Goodwin so recommends. Judge Ikuta has voted to grant the petition for rehearing and petition for rehearing en banc.<...

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