Tapps Brewing Inc v. City of Sumner

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL MCCLUNG; ANDREA 

MCCLUNG, individually and as a No. 07-35231 marital community, D.C. No. Plaintiffs-Appellants, CV-06-05006-RBL and ORDER TAPPS BREWING, INC., a  AMENDING Washington corporation, OPINION AND Plaintiff, DENYING

REHEARING AND

v.

AMENDED

CITY OF SUMNER, OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted July 11, 2008—Seattle, Washington

Filed September 25, 2008 Amended December 1, 2008

Before: Richard R. Clifton and N. Randy Smith, Circuit Judges, and J. Michael Seabright,* District Judge.

Opinion by Judge Seabright

*The Honorable J. Michael Seabright, United States District Judge for the District of Hawaii, sitting by designation.

15827 15830 TAPPS BREWING v. CITY OF SUMNER

COUNSEL

William C. Severson, William C. Severson PLLC,…