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BUONO v. KEMPTHORNE

No. 05-55852.

527 F.3d 758 (2008)

Frank BUONO, Plaintiff-Appellee, v. Dirk KEMPTHORNE, Secretary of the Interior, in his official capacity; Jonathan B. Jarvis, Regional Director, Pacific West Region, National Park Service, Department of the Interior, in his official capacity; Dennis Schramm, Superintendent, Mojave National Preserve, National Park Service, Department of the Interior, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2007.

Amended May 14, 2008.

Attorney(s) appearing for the Case

Sue Ellen Wooldridge, Kathryn E. Kovacs, United States Department of Justice, Washington, D.C., for the defendants-appellants.

Peter J. Eliasberg, Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, CA, for the plaintiff-appellee.

Steven W. Fitschen, Colleen M. Holmes, The National Legal Foundation, Virginia Beach, VA, for amicus curiae The National Legal Foundation.

Before: B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and RONALD M. WHYTE, District Judge.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed September 6, 2007, slip op. 11793, and appearing at 502 F.3d 1069, is amended as follows:

1. At slip op. 11816 [502 F.3d at 1082], footnote 13, delete "Although the Seventh Circuit adopted a presumption that "a sale of real property is an effective way for a public body to end its inappropriate endorsement of religion" in the absence of "unusual circumstances," Marshfield,

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