Michael James Berger, a single man also known as Magic Mike v. City of Seattle

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 No. 05-35752
ANDERSON, Director of Seattle D.C. No.Center; MICHAEL ANDERSON,  CV-03-03238-JLREmergency Service Manager for
Seattle Center; TEN UNKNOWN ORDER
EMPLOYEES/OFFICERS, of the Seattle
Center and the City of Seattle, all
in both their individual and
official capacities,
Defendants-Appellants. 
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

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