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GREEN v. HASKELL COUNTY BOARD OF COM'RS

No. 06-7098.

574 F.3d 1235 (2009)

James W. GREEN, an individual; American Civil Liberties Union of Oklahoma, a non-profit corporation, Plaintiffs-Appellants, v. HASKELL COUNTY BOARD OF COMMISSIONERS, also known as Board of County Commissioners of Haskell County, Oklahoma; Kenny Short, in his official capacity as Chairman of the Haskell County Board of Commissioners, Defendants-Appellees, Mainstream Baptist Network; Oklahoma Mainstream Baptists; Americans United for Separation of Church and State; American Center for Law and Justice; The National Legal Foundation; American Legion # 182; and Foundation for Moral Law, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

July 30, 2009.

Attorney(s) appearing for the Case

Michael C. Salem, Salem Law Office, Norman, OK, Tina L. Izadi, ACLU-of OK. Foundation, Oklahoma City, OK, Daniel Mach, American Civil Liberties Union, Washington, DC, for Plaintiffs-Appellants.

Brently C. Olsson, Oklahoma City, OK, David C. Laplante, Kevin H. Theriot, Alliance Defense Fund, Leawood, KS, for Defendants-Appellees.

Before HENRY, Chief Circuit Judge, TACHA, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

ORDER

Defendants-Appellees' Petition for Rehearing En Banc is denied. A poll was requested. On a vote of six to six of the active members of the Court, rehearing en banc was denied. Fed. R.App. P. 35(a). Judges Tacha, Kelly, O'Brien, McConnell, Tymkovich, and Gorsuch would grant rehearing en banc.

KELLY, Circuit Judge, dissenting from the denial of rehearing en banc, with whom TACHA and TYMKOVICH, Circuit Judges, join.

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