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FELLOWSHIP OF CHRISTIAN ATHLETES v. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION (2023)

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United States Court of Appeals, Ninth Circuit.

FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation; Fellowship of Christian Athletes of Pioneer High School, an unincorporated association; Charlotte Klarke; Elizabeth Sinclair, 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.

No. 22-15827

Decided: January 18, 2023

ORDER

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.

MURGUIA, Chief Judge:

Judge Koh did not participate in the deliberations or vote in this case.

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