Hardage

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HUGH HARDAGE, 

Plaintiff-Appellant, v. No. 03-35906 CBS BROADCASTING INC., a New D.C. No. York Corporation; VIACOM TELEVISION STATIONS INC., a  CV-02-01303-JCC

ORDER AND

Delaware Corporation; VIACOM

AMENDED

BROADCASTING OF SEATTLE INC., a

OPINION

Delaware Corporation; KATHY SPARKS, an individual, Defendants-Appellees.  Appeal from the United States District Court for the Western District of Washington John C. Coughenour, Chief Judge, Presiding

Argued and Submitted May 3, 2005—Seattle, Washington

Filed November 1, 2005 Amended January 6, 2006

Before: J. Clifford Wallace, Barry G. Silverman, and Richard A. Paez, Circuit Judges.

Opinion by Judge Wallace; Partial Dissent by Judge Paez COUNSEL

Claudia Kilbreath, Short Cressman & Burgess PLLC, Seattle, Washington, for the plaintiff-appellant. HARDAGE v. CBS BROADCASTING INC. Harry J. F. Korrell and Kathryn S. Loppnow, Davis Wright Tremaine LLP, Seattle, Washington, for the defendants- appellees.

ORDER

The panel opinion filed November…