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TRUTH v. KENT SCHOOL DIST.

No. 04-35876.

551 F.3d 850 (2008)

TRUTH, an unincorporated association; Sarice Undis, a minor, by and through her father, Larry Undis; Julianne Stewart, a minor, by and through her parents, Paul and Anna Stewart, Plaintiffs-Appellants, v. KENT SCHOOL DISTRICT; Barbara Grohe, Superintendent of Kent School District; Mike Albrecht, Principal of Kentridge High School; Eric Anderson, Assistant Principal of Kentridge High School, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 22, 2008.

Attorney(s) appearing for the Case

Keith A. Kemper, Esq., Kyle D. Netterfield, Esq., Ellis Li & McKinstry, PLLC, Seattle, WA, Benjamin W. Bull, Esq., Gary S. McCaleb, Esq., Jordan W. Lorence, Esq., Alliance Defense Fund, Scottsdale, AZ, Timothy Chandler, Alliance Defense Fund, Folsom, CA, Robert H. Tyler, Esq., Advocates for Faith and Freedom, Murrieta, CA, Nathan W. Kellum, Esq., Alliance Defense Fund, Memphis, TN, for Plaintiffs-Appellants.

Michael Barry Tierney, Esq., Michael Brian Harrington, Esq., Mercer Island, WA, Jane M. Whicher, Esq., Port Townsend, WA, for Defendants-Appellees.

Order; Concurrence by Judge WARDLAW; Dissent by Judge BEA

The order denying the petition for rehearing and suggestion for rehearing en banc in this case, filed on November 17, 2008, along with the separate concurrence of Judge Fisher and Judge Wardlaw, and the dissent by Judge Bea, are all designated for publication.

ORDER

Judge Wardlaw and Judge Fisher have voted to deny the Petition for Rehearing En Banc, and Judge Wallace so recommends.

The full court was advised of the Petition for Rehearing En Banc...

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