U.S. Court of Appeals for the Ninth Circuit, 1987

Smiddy v. Varney

Smiddy v. Varney
U.S. Court of Appeals for the Ninth Circuit · Decided February 25, 1987
811 F.2d 504 (Federal Reporter, Second Series)

Smiddy v. Varney

Opinion of the Court

ORDER

The petition for rehearing is granted in part.

The following language, reported at 803 F.2d 1473, first column, first full paragraph, eighth sentence, is deleted:

The city is entitled to recover its costs and attorneys’ fees in this court on its successful appeals.

The full court was advised of the suggestion for rehearing en banc. No active judge requested a vote on whether to rehear the matter en banc. (Fed.R.App.P. 35.)

In all other respects the petition for rehearing with suggestion for rehearing en banc is denied.

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