SPENCER v. WORLD VISION, INC.

No. 08-35532.

633 F.3d 723 (2010)

Sylvia SPENCER; Ted Youngberg; Vicki Hulse, Plaintiffs-Appellants, v. WORLD VISION, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2010.

Amended January 25, 2011.


Attorney(s) appearing for the Case

Judith A. Lonnquist , Law Offices of Judith A. Lonnquist, P.S., Seattle, WA, argued the cause for the plaintiffs-appellants and filed the briefs.

Steven T. O'Ban , Ellis, Li & McKinstry PLLC, Seattle, WA, argued the cause for the defendant-appellee and filed the brief. Daniel J. Ichinaga , Ellis, Li & McKinstry PLLC, Seattle, WA, was also on the brief.

Lowell V. Sturgill , Civil Division, U.S. Department of Justice, Washington, DC, argued the cause and filed a brief on behalf of amicus curiae the United States. Gregory G. Katsas , Assistant Attorney General, U.S. Department of Justice, Washington, DC, and Marleigh D. Dover , Civil Division, U.S. Department of Justice, Washington, DC, were also on the brief.

L. Martin Nussbaum , Rothgerber Johnson & Lyons LLP, Colorado Springs, CO, filed a brief on behalf of amici curiae Christian Legal Society, Association of Gospel Rescue Missions, Center for Public Justice, National Association of Evangelicals, Samaritan's Purse, and Union of Orthodox Jewish Congregations of America. Gregory S. Baylor , Christian Legal Society, Springfield, VA, was also on the brief.

Kevin H. Theriot , Alliance Defense Fund, Leawood, KS, filed a brief on behalf of amici curiae Alliance Defense Fund and Youth for Christ. Ben Bull , Alliance Defense Fund, Leawood, KS, and Joel Oster , Alliance Defense Fund, Leawood, KS, were also on the brief.

Eric Bently , Holme Roberts & Owen LLP, Colorado Springs, CO, filed a brief on behalf of amici curiae Association of Christian Schools International and Council for Christian Colleges and Universities. Stuart J. Lark , Holme Roberts & Owen LLP, Colorado Springs, CO, was also on the brief.

PER CURIAM Opinion; Concurrence by Judge O'SCANNLAIN; Concurrence by Judge KLEINFELD; Dissent by Judge BERZON.


ORDER

The opinion filed in this case on August 23, 2010, and reported at 619 F.3d 1109, is hereby amended. An amended opinion is filed concurrently with this order.

With this amendment, Judge O'Scannlain has voted to deny the petition for rehearing en banc, and Judge Kleinfeld has so recommended. Judge Berzon has voted to grant the petition for rehearing en banc. The full court has been advised of the petition for rehearing...

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