FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PARENTS INVOLVED IN COMMUNITY 

SCHOOLS, a Washington nonprofit corporation, Plaintiff-Counter-Defendant- Appellant, v. SEATTLE SCHOOL DISTRICT, NO. 1, a political subdivision of the State of Washington; JOSEPH OLCHEFSKE, in his official capacity as superintendent; BARBARA SCHAAD- No. 01-35450 LAMPHERE, in her official capacity as President of the Board of  D.C. No.

CV-00-01205-BJR

Directors of Seattle Public

ORDER

Schools; DONALD NIELSEN, in his official capacity as Vice President of the Board of Directors of Seattle Public Schools; STEVEN

BROWN; JAN KUMASAKA; MICHAEL

PRESTON; NANCY WALDMAN, in their official capacities as members of the Board of Directors, Defendants-Counter-Claimants- Appellees.  Filed February 1, 2005

Before: Mary M. Schroeder, Chief Judge.

1521 1522 PARENTS INVOLVED v. SEATTLE SCH. DIST. NO. 1

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court1, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three- judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

1 Judges McKeown and Gould are recused.

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