Thursday, September 03, 2009

PETITION FOR REHEARING IN BANC

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

 

ARNOLD DEWALT BEVERLY            9th Circuit Case No.    09-15562

Appellant,                     vs,                       No. 1:08-CV-1538 AWI GSA

 

FEDERAL ELECTIONS COMMISSION,

Appellee

 

PETITION FOR REHEARING IN BANC

 

1.   The proceeding involves a question of exceptional importance and substantially affects a rule of national application in which there is an overriding need for national uniformity. FRCP 12 (d); Result of Presenting Matters Out-side the Pleadings: If, on a motion under Rule 12 (b) (6) or 12 (c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

Please go to  Petition for Rehearing in Banc for the remainder of the Petition.

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