PHILLIPS V HUST, (9th Cir. 2007)

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FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK MARVIN PHILLIPS, No. 04-36021

Plaintiff-Appellee, D.C. No.

v. CV-01-01252-ALH

District of Oregon,

LYNN HUST, Library Staff,

Portland

Defendant-Appellant.

ORDER

DESIGNATING

FOR

PUBLICATION

DENIAL OF

PETITION FOR

REHEARING AND

PETITION FOR

REHEARING

EN BANC

Filed October 9, 2007

Before: James R. Browning, Dorothy W. Nelson, and

Diarmuid F. O'Scannlain, Circuit Judges.

ORDER

Our September 14, 2007 order denying the petition for

rehearing and petition for rehearing en banc, and the accom-

panying dissent, are hereby designated for publication.

ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2007 Thomson/West.

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