Opinion
No. 05-35752.
July 14, 2008.
Robert Corn-Revere, John R. Scannell, Davis Wright Tremaine LLP, Washington, DC, Elena Luisa Garella, John R. Scannell, Seattle, WA, for Plaintiff-Appellee.
Gary Keese, Seattle City Attorney's Office, Seattle, WA, for Defendants-Appellants.
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.