Payne, et al v. Peninsula School, et al
FILED OPINION (ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET MCKEOWN, RAYMOND C. FISHER, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CONSUELO M. CALLAHAN, CARLOS T. BEA and MILAN D. SMITH, JR.) Costs on appeal are awarded to Payne. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Judge: JSB Authoring, Judge: CMC Concurring, Judge: CTB Concurring & Dissenting, FILED AND ENTERED JUDGMENT. 
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