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FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT DARK, 

Plaintiff-Appellant, v. No. 04-36087 D.C. No.

CURRY COUNTY; CURRY COUNTY

ROAD DEPARTMENT; DAN CRUMLEY,  CV-03-03041-

individually and in his official JPC/ALA capacity as Curry County OPINION Roadmaster, Defendants-Appellees.  Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted December 6, 2005—Portland, Oregon

Filed July 6, 2006

Before: Dorothy W. Nelson, Diarmuid F. O’Scannlain, Circuit Judges, and Larry A. Burns,* District Judge.

Opinion by Judge O’Scannlain

*The Honorable Larry A. Burns, District Judge for the Southern District of California, sitting by designation.

7451 7456 DARK v. CURRY COUNTY

COUNSEL

Manuel C. Hernandez, Hernandez and Associates, LLC, Ban- don, Oregon, argued the cause for the appellant and was on the briefs.

Jason M. Montgomery, Law Office of Robert E. Franz, Jr., Springfield, Oregon, argued the cause for the appellee and was on the…