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MARTIN v. CITY OF BOISE

No. 15-35845.

920 F.3d 584 (2019)

Robert MARTIN; Lawrence Lee Smith; Robert Anderson; Janet F. Bell; Pamela S. Hawkes; and Basil E. Humphrey, Plaintiffs-Appellants, v. CITY OF BOISE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2019.

Attorney(s) appearing for the Case

Michael E. Bern (argued) and Kimberly Leefatt , Latham & Watkins LLP, Washington, D.C.; Howard A. Belodoff , Idaho Legal Aid Services Inc., Boise, Idaho; Eric Tars , National Law Center on Homelessness & Poverty, Washington, D.C.; Plaintiffs-Appellants.

Brady J. Hall (argued), Michael W. Moore , and Steven R. Kraft , Moore Elia Kraft & Hall LLP, Boise, Idaho; Scott B. Muir , Deputy City Attorney; Robert B. Luce, City Attorney; City Attorney's Office, Boise, Idaho; for Defendant-Appellee.

Partial Concurrence and Partial Dissent by Judge Owens

ORDER

The Opinion filed September 4, 2018, and reported at 902 F.3d 1031, is hereby amended. The amended opinion will be filed concurrently with this order.

The panel has unanimously voted to deny the petition for panel rehearing. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the nonrecused...

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