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SMITH v. UNIVERSITY OF WASHINGTON

No. 02-35676.

392 F.3d 367 (2004)

Katuria E. SMITH; Angela Rock; Michael Pyle, for themselves and all other similarly situated, Plaintiffs-Appellants, v. UNIVERSITY OF WASHINGTON, Law School; Madrid; Richard Kummert; Michael Townsend; Roland Hjorth, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2004.

Attorney(s) appearing for the Case

Michael Rosman and Hans F. Bader, Center for Individual Rights, Washington, D.C.; and Steven Hemmat, Seattle, WA, for the plaintiffs-appellants.

Michael Madden, and Bruce W. Megard, Jr., Bennett, Bigelow & Leedom, P. S., Seattle, WA, for the defendants-appellees.

Before: D.W. NELSON, KLEINFELD, and FISHER, Circuit Judges.

FISHER, Circuit Judge:

Plaintiffs Katuria Smith, Angela Rock and Michael Pyle are white Washington residents who claim that the University of Washington Law School (the "Law School") rejected their applications because of the Law School's unconstitutional consideration of race and ethnicity as factors in its admissions program. They appeal the judgment the district court entered against them following a bench trial.

The question presented is a narrow one due...

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