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Thomas v. Anchorage Equal Rights Commission

United States Court of Appeals, Ninth Circuit
Jan 14, 1999
165 F.3d 692 (9th Cir. 1999)

Summary

analogizing the "colorability" test in a hybrid-rights context to the "likelihood of success on the merits" standard for preliminary injunctions and to the pre-AEDPA test of a "colorable showing of factual innocence" required for an evidentiary hearing discussed in Kuhlmann v. Wilson, 477 U.S. 436, 454, 106 S.Ct. 2616, 91 L.Ed.2d 364

Summary of this case from Axson-Flynn v. Johnson

Opinion

Nos. 97-35220 97-35221

Argued and Submitted July 13, 1998 — Anchorage, Alaska

Filed January 14, 1999


ORDER

[2] Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three judge panel opinion, Thomas v. Anchorage Equal Rights Comm'n, 165 F.3d 692 (9th Cir. 1999), is withdrawn.


Summaries of

Thomas v. Anchorage Equal Rights Commission

United States Court of Appeals, Ninth Circuit
Jan 14, 1999
165 F.3d 692 (9th Cir. 1999)

analogizing the "colorability" test in a hybrid-rights context to the "likelihood of success on the merits" standard for preliminary injunctions and to the pre-AEDPA test of a "colorable showing of factual innocence" required for an evidentiary hearing discussed in Kuhlmann v. Wilson, 477 U.S. 436, 454, 106 S.Ct. 2616, 91 L.Ed.2d 364

Summary of this case from Axson-Flynn v. Johnson

applying compelling interest test where plaintiffs demonstrated hybrid-rights claims

Summary of this case from Hicks ex Rel. Hicks v. Halifax County Bd. Educ.
Case details for

Thomas v. Anchorage Equal Rights Commission

Case Details

Full title:KEVIN THOMAS and JOYCE BAKER, Plaintiffs-Appellees, v. ANCHORAGE EQUAL…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 14, 1999

Citations

165 F.3d 692 (9th Cir. 1999)

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