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95 F.4th 1152

Project Veritas v. Michael Schmidt

U.S. Courts of Appeals

Decided March 19, 2024

U.S. Courts of Appeals · decided 2024-03-19

Decided 2024-03-19

                               FOR PUBLICATION                           FILED
                     UNITED STATES COURT OF APPEALS                      MAR 19 2024
                                                                      MOLLY C. DWYER, CLERK
                                                                       U.S. COURT OF APPEALS
                           FOR THE NINTH CIRCUIT

PROJECT VERITAS; PROJECT VERITAS                No.    22-35271
ACTION FUND,
                                                D.C. No. 3:20-cv-01435-MO
                 Plaintiffs-Appellants,         District of Oregon,
                                                Portland
  v.
                                                ORDER
MICHAEL SCHMIDT, in his official
capacity as Multnomah County District
Attorney; ELLEN ROSENBLUM, in her
official capacity as Oregon Attorney General,

                 Defendants-Appellees.

MURGUIA, Chief Judge:

       Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3. The three-judge panel opinion is vacated.

       Judges Forrest and H.A. Thomas did not participate in the deliberations or

vote in this case.

/95/f4th/1152 · .json · Public domain