Truth v. Kent School District

551 F.3d 850, 2008 U.S. App. LEXIS 26275, 2008 WL 5273928

Opinions

Order; Concurrence by Judge WARDLAW; Dissent by Judge BE A

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. A judge of the court requested a vote on whether to rehear the case en banc, but the request failed to receive a majority of the votes of the nonrecused active judges in favor of en banc rehearing.

Appellant’s Petition for Rehearing En Banc is DENIED.