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Michael Lacey; Jim Larkin; Phoenix New Times, LLC v. Maricopa County

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


November 10, 2011

MICHAEL LACEY; JIM LARKIN; PHOENIX NEW TIMES, LLC, PLAINTIFFS-APPELLANTS,
v.
MARICOPA COUNTY, A PUBLIC ENTITY, JOSEPH ARPAIO, SHERIFF, AND AVA ARPAIO, HUSBAND AND WIFE; DENNIS-WILENCHIK AND BECKY BARTNESS, HUSBAND AND WIFE; JOHN DOES I-X; JANE DOES I-X; BLACK CORPORATIONS, I-V; AND WHITE PARTNERSHIPS, I-V, DEFENDANTS-APPELLEES.
MICHAEL LACEY; JIM LARKIN; PHOENIX NEW TIMES, LLC, PLAINTIFFS-APPELLEES,
v.
JOSEPH M. ARPAIO, SHERIFF AND HUSBAND; AVA ARPAIO, WIFE; JOHN DOES I-X; JANE DOES I-X; BLACK CORPORATIONS, I-V; WHITE PARTNERSHIPS, I-V; MARICOPA COUNTY ATTORNEY'S OFFICE, A PUBLIC ENTITY, DEFENDANTS, AND DENNIS WILENCHIK; BECKY BARTNESS, WIFE, DEFENDANTS-APPELLANTS.

D.C. No. 2:08-cv-00997-SRB

The opinion of the court was delivered by: Kozinski, Chief Judge:

FOR PUBLICATION

D.C. No. 2:08-cv-00997-SRB

ORDER

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.

Judges Silverman and Murguia did not participate in the deliberations or vote in this case.

20111110

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