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McCOWN v. CITY OF FONTANA

No. 07-55896.

565 F.3d 1097 (2009)

Ian McCOWN, Plaintiff-Appellee, v. CITY OF FONTANA, a municipality; City of Fontana Police Department; Jorge Rodriguez; David Maxson, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2008.

Amended April 24, 2009.

Attorney(s) appearing for the Case

S. Frank Harrell and Christopher D. Whyte, Lynberg & Watkins, Orange, CA, for the defendants-appellants.

Jon R. Schlueter and Peter B. Schlueter, Schlueter & Schlueter, San Bernardino, CA, for the plaintiff-appellee.

Before: PAMELA ANN RYMER and MILAN D. SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge.

ORDER

The opinion filed on December 24, 2008, and appearing at 550 F.3d 918 (9th Cir. 2008), is hereby amended and attached to this order.

Judges Rymer and M. Smith voted to deny the petition for rehearing and the petition for rehearing en banc. Judge Korman voted to deny the petition for rehearing and recommended denying the petition for rehearing en banc. The full court has been...

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