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WAGNER v. COUNTY OF MARICOPA

No. 10-15501.

701 F.3d 583 (2012)

Yvon WAGNER, as the personal representative of the Estate of Eric Vogel, Plaintiff-Appellant, v. COUNTY OF MARICOPA, a political subdivision of the State of Arizona; Joseph M. Arpaio, husband; Unknown Arpaio, Named as Jane Doe Arpaio-wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2012.

Attorney(s) appearing for the Case

Joel B. Robbins (on the briefs), John M. Curtin (argued), Phoenix, AZ, for plaintiff-appellant.

Eileen D. Gilbride , Phoenix, AZ, for the defendants-appellees.

Opinion by Judge NOONAN; Dissent by Judge N.R. SMITH.

ORDER

The opinion and dissent filed on March 7, 2012 are hereby WITHDRAWN.

The majority of the panel votes to deny the petition for rehearing. Judge N.R. Smith votes to grant the petition for rehearing and petition for rehearing en banc. Judge Noonan and Judge Block recommend denying the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on whether...

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