Gary D. Smiddy v. Dudley D. Varney, Sidney Nuckles, Raymond Inglin ( 1987 )

811 F.2d 504

Gary D. SMIDDY, Plaintiff-Appellee,
v.
Dudley D. VARNEY, Sidney Nuckles, Raymond Inglin,
Defendants-Appellants.

Nos. 83-6507, 85-5687, 85-6007.

United States Court of Appeals,
Ninth Circuit.

Feb. 25, 1987.

1

Richard M. Helgeson, Asst. City Atty., Los Angeles, Cal., for defendants-appellants.

2

Talcott, Vandevelle & Woehrle, Michael Lightfoot and Carla Woehrle, Los Angeles, Cal., for plaintiff-appellee.

3

Prior Report: 803 F.2d 1469, 9th Cir.

4

Before GOODWIN and NELSON, Circuit Judges, and SCHWARZER, District Judge.*

ORDER

5

The petition for rehearing is granted in part.

6

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

7

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

8

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.)

9

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

*

The Honorable William W. Schwarzer, United States District Judge, Northern District of California, sitting by designation