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Split 9th Circ. Rejects Rehearing Police Pager Case

Law360 (January 28, 2009, 12:00 AM EST) -- A divided U.S. Court of Appeals for the Ninth Circuit has rejected a request for a rehearing en banc of a case involving a California city police department found to have violated the constitutional rights of its employees by reading the text messages on their department-issued pagers.

On Tuesday, the Ninth Circuit denied the city of Ontario's petition for a rehearing in front of the full court, affirming the decision handed down by the three-judge panel in June.

The denial, however, touched off a war of...
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