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WERFT v. DESERT SOUTHWEST ANNUAL CONFERENCE

No. 03-15545.

377 F.3d 1099 (2004)

Andrew E. WERFT, an Arizona resident, Plaintiff-Appellant, v. DESERT SOUTHWEST ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH, an Arizona non-profit corporation; Vista De La Montana United Methodist Church, an Arizona non-profit corporation; John Does, I-V; Jane Does, I-V; Black and White Corporation, I-V; Black & White Partnership(s), I-V, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2004.

Attorney(s) appearing for the Case

David L. Abney, Skousen, Skousen, Gulbrandsen & Patience, P.C., Mesa, Arizona, for the plaintiff-appellant.

Gordon Lewis, Jennings, Strouss & Salmon, P.L.C., Phoenix, Arizona, for the defendants-appellees.

Before: FERNANDEZ, THOMAS, and CALLAHAN, Circuit Judges.

PER CURIAM:

We must decide whether the claim of a minister, seeking damages from his church for employment discrimination based on a failure to accommodate his disabilities, falls within either the ministerial exception first articulated in McClure v. Salvation Army, 460 F.2d 553 (5th Cir.1972), or the theory of Bollard v. California Province of the Society of Jesus, 196 F.3d 940 (9th...

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