Bruce Lavine, as Next Friend of James Lavine James Lavine v. Blaine School District, a Municipal Corporation Tim Haney Dan Newell Karen Mulholland

279 F.3d 719, 2002 Cal. Daily Op. Serv. 836, 2002 Daily Journal DAR 1104, 2002 U.S. App. LEXIS 1194, 2002 WL 109285

Opinions

Order; Dissent by Judge REINHARDT; Dissent by Judge KLEINFELD

ORDER

The panel has unanimously voted to deny appellees’ petition for rehearing filed August 3, 2001. Judge Fisher voted to reject the suggestion for rehearing en banc, and Judge Fletcher and Judge Schwarzer recommended rejection of the suggestion for rehearing en banc.

The full court was advised of the suggestion for rehearing en banc. An active 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(b).

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.