Parents Involved v. Seattle School Dist.

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Parents Involved in Community Schools v. Seattle School District No. 1
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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-Lamphere, in Her Official Capacity as President of the Board of Directors of Seattle Public 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
Parents Involved in Community Schools, a Washington Non-Profit 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 Schaadlamphere, in Her Official Capacity as President of the Board of Directors of Seattle Public Schools Donald Neilson, 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
PARENTS INVOLVED IN COMMUNITY SCHOOLS, a WASHINGTON NONPROFIT CORPORATION, PLAINTIFF-COUNTER-DEFENDANT — v. SEATTLE SCHOOL DISTRICT, NO. 1, a POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON JOSEPH OLCHEFSKE, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT BARBARA SCHAAD-LAMPHERE, IN HER OFFICIAL CAPACITY AS PRESIDENT OF THE BOARD OF DIRECTORS OF SEATTLE PUBLIC SCHOOLS DONALD NEILSON, 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 —

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. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.