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Howard Meredith v. State of Oregon Bruce A. Warner, Director of Oregon Department of Transportation Jimmy L. Odom, Outdoor Advertising Technician , 326 F.3d 1030 ( 2003 )


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  • 326 F.3d 1030

    Howard MEREDITH, Plaintiff-Appellee,
    v.
    State of OREGON; Bruce A. Warner, Director of Oregon Department of Transportation; Jimmy L. Odom, Outdoor Advertising Technician, Defendants-Appellants.

    No. 01-35869.

    United States Court of Appeals, Ninth Circuit.

    Submitted April 1, 2002.*

    Filed February 27, 2003.

    Amended April 18, 2003.

    Janet A. Metcalf, Senior Assistant Attorney General, Salem, OR, for the defendants-appellants.

    Russell L. Baldwin, Lincoln City, OR, for the plaintiff-appellee.

    Appeal from the United States District Court for the District of Oregon; Michael R. Hogan, Chief District Judge, Presiding. D.C. No. CV-01-06140-HO.

    Before: D.W. NELSON, THOMPSON and RICHARD A. PAEZ, Circuit Judges.

    ORDER

    1

    The Opinion in this case, reported at 321 F.3d 807 (9th Cir.2003), is amended as follows:

    2

    1. Delete the paragraph on pages 815-16 that begins "We have held that we have jurisdiction ..." and ends "Thomas v. Nakatani, 309 F.3d 1203, 1207-08 (9th Cir.2002)."

    3

    2. Delete the word "Similarly" in the first line of the first full paragraph on page 816 and replace it with the words "For instance."

    4

    It is further ordered that no petitions for rehearing or rehearing en banc shall be filed in response to this order.

    Notes:

    *

    The panel unanimously finds this case suitable for decision without oral argumentSee Fed. R. App. P. 34(a)(2).