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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVEN FISHER,
Plaintiff-Appellee,
and
SANDRA FISHER,
Plaintiff,
No. 04-16095v.
D.C. No.CITY OF SAN JOSE, CV-01-21192-PVTDefendant-Appellant, Northern District and of California,
San Jose CITY OF SAN JOSE POLICE
DEPARTMENT; OFFICER BOLER; ORDER
OFFICER BARNETT; OFFICER CORREA;
OFFICER ESQUIVEL; OFFICER HONDA;
OFFICER KINSWORTHY; OFFICER
O’BRIEN; OFFICER RYAN; OFFICER
NGUYEN,
Defendants.
Filed March 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.
2653
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