Berger v. City of Seattle, et al

Filing 920080714


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL JAMES BERGER, a single man also known as Magic Mike, Plaintiff-Appellee, v. CITY OF SEATTLE; VIRGINIA ANDERSON, Director of Seattle Center; MICHAEL ANDERSON, Emergency Service Manager for Seattle Center; TEN UNKNOWN EMPLOYEES/OFFICERS, of the Seattle Center and the City of Seattle, all in both their individual and official capacities, Defendants-Appellants. No. 05-35752 D.C. No. CV-03-03238-JLR ORDER Filed July 14, 2008 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 8901 PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson Reuters/West.

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