Howard Meredith, Plaintiff-appellee, v. State of Oregon; Bruce A. Warner, Director of Oregon Department of Transportation; Jimmy L. Odom, Outdoor Advertising Technician, Defendants-appellants, 326 F.3d 1030 (9th Cir. 2003)

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U.S. Court of Appeals for the Ninth Circuit - 326 F.3d 1030 (9th Cir. 2003)

Submitted April 1, 2002. *
Filed February 27, 2003
Amended April 18, 2003

Janet A. Metcalf, Senior Assistant Attorney General, Salem, OR, for the defendants-appellants.

Russell L. Baldwin, Lincoln City, OR, for the plaintiff-appellee.

Appeal from the United States District Court for the District of Oregon; Michael R. Hogan, Chief District Judge, Presiding. D.C. No. CV-01-06140-HO.

Before: D.W. NELSON, THOMPSON and RICHARD A. PAEZ, Circuit Judges.


The Opinion in this case, reported at 321 F.3d 807 (9th Cir. 2003), is amended as follows:

1. Delete the paragraph on pages 815-16 that begins "We have held that we have jurisdiction ..." and ends "Thomas v. Nakatani, 309 F.3d 1203, 1207-08 (9th Cir. 2002)."

2. Delete the word "Similarly" in the first line of the first full paragraph on page 816 and replace it with the words "For instance."

It is further ordered that no petitions for rehearing or rehearing en banc shall be filed in response to this order.


The panel unanimously finds this case suitable for decision without oral argument See Fed. R. App. P. 34(a) (2).