Berger

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL JAMES BERGER, a single  man also known as Magic Mike, Plaintiff-Appellee, v. CITY OF SEATTLE; VIRGINIA No. 05-35752 ANDERSON, Director of Seattle Center; MICHAEL ANDERSON,  D.C. No.

CV-03-03238-JLR

Emergency Service Manager for Seattle Center; TEN UNKNOWN ORDER EMPLOYEES/OFFICERS, of the Seattle Center and the City of Seattle, all in both their individual and official capacities, Defendants-Appellants.  Filed July 14, 2008

ORDER

KOZINSKI, Chief Judge:

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.

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