UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
September 7, 2010
WINDY PAYNE, INDIVIDUALLY AND AS GUARDIAN ON BEHALF OF; D.P., A MINOR CHILD, PLAINTIFFS - APPELLANTS,
PENINSULA SCHOOL DISTRICT, A MUNICIPAL CORPORATION; ARTONDALE ELEMENTARY SCHOOL, A MUNICIPAL CORPORATION; JODI COY, IN HER INDIVIDUAL AND OFFICIAL CAPACITY; JAMES COOLICAN, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; JANE DOES 1-10; JOHN DOES 1-10, DEFENDANTS - APPELLEES.
D.C. No. CV-05-05780-RBL.
The opinion of the court was delivered by: Kozinski, Chief Judge
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
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