Elvig
Elvig v. Calvin Presbyterian
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MONICA L. MCDOWELL ELVIG, No. 02-35805 Plaintiff-Appellant, D.C. No. v. CV-02-00626-BJR CALVIN PRESBYTERIAN CHURCH; Western District of WILL ACKLES, Washington, Defendants-Appellees. Seattle
ORDER
Filed February 11, 2005
Before: Stephen S. Trott, Raymond C. Fisher and Ronald M. Gould, Circuit Judges.
Order; Concurrence by Judge W. Fletcher; Concurrence by Judge Kozinski; Dissent by Judge Kleinfeld; Dissent by Judge Gould; Dissent by Judge Bea
ORDER
Judge Fisher has voted to deny the petition for rehearing en banc, and Judges Trott and Gould have voted to grant the peti- tion for rehearing en banc.
The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the mat- ter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc con- sideration. Fed. R. App. P. 35.
1675 1676 ELVIG v. CALVIN PRESBYTERIAN CHURCH The petition for panel rehearing en banc, filed August 4,…