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CALDWELL v. CALDWELL

No. 06-15771.

545 F.3d 1126 (2008)

Jeanne E. CALDWELL, Plaintiff-Appellant, v. Roy L. CALDWELL, in his official capacity as Director of the University of California Museum of Paleontology; David Lindberg, in his official capacity as Chair of the Integrative Biology, Department of the University of California-Berkeley; Michael D. Piburn, in his official capacity as Program Director for the National Science Foundation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2008.

Attorney(s) appearing for the Case

Larry Caldwell, Quality Science Education for All, Roseville, CA, Kevin T. Snider (argued), Pacific Justice Institute, Sacramento, CA, for the plaintiff-appellant.

William J. Carroll (argued), Katharine Demgen, Morgenstein & Jubelirer LLP, San Francisco, CA, Jeffrey A. Blair, Christopher M. Patti, University of California, Office of the General Counsel, Oakland, CA, for defendants-appellees Roy L. Caldwell, Ph.D., and David Lindberg.

Robert M. Loeb, Lowell V. Sturgill Jr. (argued), United States Department of Justice, Civil Division, Washington, D.C., for defendant-appellee David Campbell.

Before: B. FLETCHER and PAMELA ANN RYMER, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

RYMER, Circuit Judge:

We must decide whether Jeanne E. Caldwell, who asserts an interest in being informed about how teachers teach the theory of evolution in biology classes, has standing to pursue an Establishment Clause claim arising out of her offense at the discussion of religious views on the "Understanding Evolution" website created and maintained by the University of California Museum of Paleontology and funded in part by the National Science Foundation. She...

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