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LOMBARDO v. WARNER

No. 02-35269.

391 F.3d 1008 (2004)

James LOMBARDO, Plaintiff-Appellant, v. Bruce WARNER, in his official capacity as Director of the Oregon capacity as Director of the Oregon Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2004.

Attorney(s) appearing for the Case

Alan R. Herson, Jacksonville, OR, for the plaintiff-appellant.

Janet A. Metcalf, Assistant Attorney General, Salem, OR, for the defendant-appellee.

Before SCHROEDER, Chief Judge, and FERGUSON, KLEINFELD, TASHIMA, THOMAS, McKEOWN, WARDLAW, FISHER, BERZON, CLIFTON, and BYBEE, Circuit Judges.

Argued and Submitted En Banc October 12, 2004.

SCHROEDER, Chief Circuit Judge.

ORDER CERTIFYING QUESTION TO THE SUPREME COURT OF OREGON

We took this case en banc, Lombardo v. Warner, 371 F.3d 538 (9th Cir.2004) (order of the Chief Judge),1 to determine whether the Oregon Motorist Information Act of 1971 ("OMIA"), Or.Rev.Stat. §§ 377.700-377.840, which prohibits all "outdoor...

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