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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
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,
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
D.C. No. 4:20-cv-02798-HSG
Northern District of California,
Oakland
ORDER
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.
FILED
JAN 18 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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