Marvin ROBERTS; Eugene Vent; Kevin Pease; George Frese, Plaintiffs-Appellants,
v.
CITY OF FAIRBANKS; James Geier; Clifford Aaron Ring; Chris Nolan; Dave Kendrick, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Joseph W. Evans (argued), Law Offices of Joseph W. Evans, Bremerton, Washington, for Defendants-Appellees James Geier, Clifford Aaron Ring, Chris Nolan, and Dave Kendrick.
Samuel Harbourt , Orrick Herrington & Sutcliffe LLP, San Francisco, California; Kelsi Brown Corkran , Orrick Herrington & Sutcliffe LLP, Washington, D.C.; for Amici Curiae Scholars.
Steven S. Hansen , CSG Inc., Fairbanks, Alaska, for Amicus Curiae Tanana Chiefs Conference.
Judge Ikuta voted to grant the petition for rehearing en banc. Judges Tallman and N.R. Smith recommended denying the petition for rehearing en banc.
The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter failed to receive a majority of votes of non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35.
The petition for rehearing en banc...
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