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PELOZA v. CAPISTRANO UNIFIED SCHOOL DIST.

Nos. 92-55228, 92-55644.

37 F.3d 517 (1994)

John E. PELOZA, Plaintiff-Appellant, v. CAPISTRANO UNIFIED SCHOOL DISTRICT; Board of Trustees of the Capistrano Unified School District; Paul B. Haseman; Crystal Kochendorfer; Marlene M. Draper; Annette B. Gude; Kathryn I. Itzel; E.G. Kopp; A. Edward Westberg; Jerome R. Thornsley; William D. Eller; Geraldine Jaffe; Thomas R. Anthony; Ross Velderraine; James Corbett; Paul Pflueger; Ray Panici; Tim Dunn; William Redding, Defendants-Appellees. John E. PELOZA, Plaintiff-Appellant, v. CAPISTRANO UNIFIED SCHOOL DISTRICT; Board of Trustees of the Capistrano Unified School District; Paul B. Haseman; Crystal Kochendorfer; Marlene M. Draper; Annette B. Gude; Kathryn I. Itzel; E.G. Kopp; A. Edward Westberg; Jerome R. Thornsley, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 1994.

Opinion Withdrawn September 20, 1994.

Decided October 4, 1994.

Attorney(s) appearing for the Case

Cyrus Zal, Folsom, CA, for plaintiff-appellant.

David C. Larsen and Jeffrey Wertheimer, Rutan & Tucker, Costa Mesa, CA, for defendants-appellees.

Before: FLETCHER, POOLE and THOMPSON, Circuit Judges.

Per Curiam; Partial Concurrence and Partial Dissent by Judge POOLE.

PER CURIAM:

John E. Peloza is a high school biology teacher. He sued the Capistrano Unified School District and various individuals connected with the school district under 42 U.S.C. § 1983. He alleges in his complaint that the school district requires him to teach "evolutionism" and that evolutionism is a religious belief system. He alleges this requirement violates his rights under...

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