Monica L. McDowell ELVIG, Plaintiff-Appellant, v. CALVIN PRESBYTERIAN CHURCH; Will Ackles, Defendants-Appellees, 397 F.3d 790

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 petition 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 matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35. The petition for panel rehearing en banc, filed August 4, 2004, is DENIED.