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MICHAEL LACEY; JIM LARKIN; PHOENIX NEW TIMES, LLC, Plaintiffs-Appellants, v. MARICOPA COUNTY, a public ent JOSEPH ARPAIO, Sheriff, and AVA ARPAIO, husband and wife; DENN WILENCHIK and BECKY BARTNESS, husband and wife; JOH DOES I-X; JANE DOES I-X; BLAC CORPORATIONS, I-V; and WHITE PARTNERSHIPS, I-V, Defendants-Appellees. MICHAEL LACEY; JIM LARKIN; PHOENIX NEW TIMES, LLC, Plaintiffs-Appellees,

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.

Judges Silverman and Murguia did not participate in the deliberations or vote in this case.

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LACEY v. MARICOPA COUNTY, 09-15703 (9th Cir. 11-10-2011)
(Nov 10, 2011)