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DOE v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP

No. 09-15448.

625 F.3d 1182 (2010)

Jacob DOE, a minor, by parents and next friends, James and Joyce DOE; Janet Doe, a minor, by parents and next friends, James and Joyce Doe; Karl Doe, a minor, by parents and next friends, Kirk and Kate Doe; Lisa Doe, a minor, by mother and next friend, Laura Doe, Plaintiffs-Appellants, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; Nainoa Thompson, in his capacity as Trustee; Diane J. Plotts, in her capacity as Trustee; Corbett A.K. Kalama, in his capacity as Trustee; Robert K.U. Kihune, in his capacity as Trustee; J. Douglas Ing, in his capacity as Trustee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 8, 2010.

Attorney(s) appearing for the Case

Eric Grant , Hicks Thomas LLP, Sacramento, CA, David Bradley Rosen, Esquire , Law Office of David B. Rosen, ALC, Honolulu, HI, for Plaintiffs-Appellants.

Paul D. Alston, Esquire , Jason H. Kim Alston Hunt Floyd & Ing, Honolulu, HI, Kathleen M. Sullivan , Quinn Emanuel Urquhart Oliver & Hedges, LLP, New York, NY, for Defendants-Appellees.

Order; Dissent by Chief Judge KOZINSKI; Dissent by Judge REINHARDT; Concurrence by Judge BEEZER.

ORDER

The panel has voted to deny the petition for panel rehearing. Judges Graber and Fisher vote to deny the petition for rehearing en banc and Judge Beezer so recommends.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition...

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