"The plain and ordinary meaning of 'activity' clearly does not exclude hiring or employing workers. Indeed, putting people to work is often the chief 'activity' of municipalities.”
How later courts described this case
- "The plain and ordinary meaning of 'activity' clearly does not exclude hiring or employing workers. Indeed, putting people to work is often the chief 'activity' of municipalities.”
Written by the judges who cited it.
The opinion
Order; Dissent by Judge REINHARDT.
ORDER
The panel has voted to deny the petition for rehearing en banc.
The full court was advised of the petition for rehearing en banc. A judge of the court requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.
The petition for rehearing en banc is DENIED.