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MOCKAITIS v. HARCLEROAD

No. 96-35901.

104 F.3d 1522 (1997)

The Reverend Timothy MOCKAITIS, and The Most Reverend Francis E. George, O.M.I., Plaintiffs-Appellants, v. F. Douglass HARCLEROAD, The Honorable Jack A. Billings, The Honorable Kip W. Leonard, Conan Wayne Hale, Jonathan Wayne Susbauer, and John Does Nos. 1-5, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1997.

Attorney(s) appearing for the Case

Thomas V. Dulcich, Bradley I. Nye, Schwabe, Williamson & Wyatt, Portland, Oregon, for plaintiffs-appellants.

Theodore R. Kulongoski, Virginia L. Linder, Eleanor E. Wallace, Timothy A. Sylwester, Salem, Oregon, for defendants-appellees Harcleroad, Judge Billings, Judge Leonard.

Mark E. Chopko, Jeffrey Hunter Moon, Washington, D.C., for amicus curiae United States Catholic Conference, National Council of Churches of Christ in the U.S.A., Christian Legal Society, The Church of Jesus Christ of Latter-day Saints, Clifton Kirkpatrick, as Stated Clerk of the General Assembly of the Presbyterian Church (U.S.A.), The American Jewish Congress, The Commission on Social Action of Reform Judaism, The Baptist Joint Committee on Public Affairs, and the Evangelical Lutheran Church in America, in the Support of the plaintiffs-appellants.

Frank W. Hunger, Michael Jay Singer, Lowell V. Sturgill, Jr., Matthew W. Collette, Washington, D.C., for intervenor United States of America.

Before NOONAN, THOMPSON and KLEINFELD, Circuit Judges.

OPINION

NOONAN, Circuit Judge:

The Reverend Timothy Mockaitis (Mockaitis) and the Most Reverend Francis E. George, O.M.I. (George) appeal the dismissal by the district court of their suit against F. Douglass Harcleroad (Harcleroad); the Honorable Jack A. Billings (Billings); the Honorable Kip W. Leonard (Leonard); Conan Wayne Hale (Hale); Jonathan Wayne Susbauer (Susbauer); and John Does Nos. 1-5. We reverse the district court and remand for entry of an...

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