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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
J OSEPH A. KENNEDY ,
Plaintiff-Appellant,
v.
BREMERTON S CHOOL D ISTRICT,
Defendant-Appellee.
No. 16-35801
D.C. No.
3:16-cv-05694-RBL
ORDER
Filed January 25, 2018
Before: DOROTHY W. NELSON, MILAN D. SMITH,
JR., and MORGAN CHRISTEN, Circuit Judges.
ORDER
Judges M. Smith and Christen have voted to deny the
petition for rehearing en banc, and Judge Nelson so
recommends. A judge of the court called for a vote on the
petition for rehearing en banc. A vote was taken, and a
majority of the non-recused active judges of the court failed
to vote for en banc rehearing. Fed. R. App. P. 35(f). The
petition for rehearing en banc is DENIED.
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