FELLOWSHIP OF CHRISTIAN ATHLETES, ET AL V. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATIO, ET AL, No. 22-15827 (9th Cir. 2023)
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 18 2023 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation; FELLOWSHIP OF CHRISTIAN ATHLETES OF PIONEER HIGH SCHOOL, an unincorporated association; CHARLOTTE KLARKE; ELIZABETH SINCLAIR, No. U.S. COURT OF APPEALS 22-15827 D.C. No. 4:20-cv-02798-HSG Northern District of California, Oakland ORDER Plaintiffs-Appellants, v. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION; NANCY ALBARRAN, in her official and personal capacity; HERB ESPIRITU, in his official and personal capacity; PETER GLASSER, in his official and personal capacity; STEPHEN MCMAHON, in his official and personal capacity, 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. Judge Koh did not participate in the deliberations or vote in this case.
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