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Feb. 28, '11 Court Document: Illegal Entry Ruling Stands in Appeals Court

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  • kespinosa1
    UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KATHLEEN ESPINOSA, individually and as personal representative of the Estate of decedent Asa Sullivan; et
    Message 1 of 1 , Sep 6, 2011
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      UNITED STATES COURT OF APPEALS
      FOR THE NINTH CIRCUIT
      KATHLEEN ESPINOSA, individually
      and as personal representative of the Estate
      of decedent Asa Sullivan; et al.,
      Plaintiffs - Appellees,
      v.
      CITY AND COUNTY OF SAN
      FRANCISCO; et al.,
      Defendants,
      and
      JOHN KEESOR, Police Officer; et al.,
      Defendants - Appellants.
      No. 08-16853
      D.C. No. 3:06-cv-04686-JSW
      Northern District of California,
      San Francisco
      ORDER
      Before: HUG and PAEZ, Circuit Judges, and WU, * District Judge.
      The panel has voted to deny appellants' petition for rehearing. Judge Paez
      has voted to deny the petition for rehearing en banc, and Judge Hug has so
      recommended. Judge Wu has recommended granting the petition for rehearing en
      banc in part and rejecting it in part.
      FILED
      FEB 28 2011
      MOLLY C. DWYER, CLERK
      U.S. COURT OF APPEALS
      Case: 08-16853 02/28/2011 ID: 7661439 DktEntry: 58 Page: 1 of 2
      2
      The full court was advised of the petition for rehearing en banc. A judge
      requested a vote on whether to rehear the matter en banc. The matter failed to
      receive a majority of the votes of the nonrecused active judges in favor of en banc
      consideration. Fed. R. App. P. 35.
      The petition for panel rehearing and the petition for rehearing en banc are
      denied.
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