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COMMUNITY HOUSE, INC. v. CITY OF BOISE

No. 05-36195.

490 F.3d 1041 (2007)

COMMUNITY HOUSE, INC.; Marlene K. Smith; Greg A. Luther; Jay D. Banta, Plaintiffs-Appellants, v. CITY OF BOISE, Idaho; David H. Bieter, Mayor; Boise City Council; Maryann Jordan; Elaine Clegg; Vernon Bisterfeldt; David Eberle; Jerome Mapp; Alan Shealy, Boise City Council Members; Bruce Chatterton, Director, Planning and Development Services; Jim Birdsall, Manager, Housing and Community Development, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 9, 2006.

Amended June 8, 2007.

Attorney(s) appearing for the Case

Howard A. Belodoff, Boise, ID, for the plaintiffs-appellants.

Phillip J. Collaer, Boise, ID, for the defendants-appellees.

Brent D. Sokol, Los Angeles, CA, for amici curiae Anti-Defamation League and Americans United for Separation of Church and State.

Before: DAVID R. THOMPSON, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

Opinion by Judge THOMPSON; Partial Concurrence and Partial Dissent by Judge CALLAHAN.

ORDER

The Opinion in this case was filed November 9, 2006, and published at 468 F.3d 1118 (9th Cir.2006). A timely petition for panel rehearing and for rehearing en banc was filed.

Footnote 2 of the Opinion, appearing at 468 F.3d at 1123, is deleted. A substituted footnote 2 is inserted in its place, which substituted footnote reads...

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