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WAGNER v. COUNTY OF MARICOPA

No. 10-15501.

706 F.3d 942 (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.

Amended February 13, 2013.

Attorney(s) appearing for the Case

John M. Curtin , Phoenix, AZ, for Plaintiff-Appellant.

Eileen D. Gilbride , Phoenix, AZ, for Defendants-Appellees.

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

ORDER

The opinion filed on November 16, 2012 is amended by eliminating the following part of the opinion:

At Slip opinion page 13356 at <Medical experts> through to page 13359 ending immediately before <Argument to the Jury.>

Insert in its place the following paragraph:

<In addition, these rulings deprived the plaintiff of any foundation for medical testimony as to...

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