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Athletes v. San Jose Unified Sch. Dist. Bd. of Educ.

United States Court of Appeals, Ninth Circuit
Jan 18, 2023
59 F.4th 997 (9th Cir. 2023)

Opinion

No. 22-15827

01-18-2023

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.


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.


Summaries of

Athletes v. San Jose Unified Sch. Dist. Bd. of Educ.

United States Court of Appeals, Ninth Circuit
Jan 18, 2023
59 F.4th 997 (9th Cir. 2023)
Case details for

Athletes v. San Jose Unified Sch. Dist. Bd. of Educ.

Case Details

Full title:FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation; FELLOWSHIP OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 18, 2023

Citations

59 F.4th 997 (9th Cir. 2023)

Citing Cases

Fellowship of Christian Athletes v. Bd. of Educ.

After the District petitioned for rehearing en banc, a majority of active judges voted to rehear the case.…

Sinclair v. Bd. of Educ.

The Ninth Circuit then agreed to rehear the case en banc and vacated the panel's decision. 59 F.4th 997…