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RESURRECTION SCHOOL; CHRISTOPHER MIANECKI,
individually and as next friend on behalf of his minor
children C.M., Z.M., and N.M.; STEPHANIE SMITH,
individually and as next friend on behalf of her minor
child F.S.,
Plaintiffs-Appellants,
v.
ELIZABETH HERTEL, in her official capacity as the
Director of the Michigan Department of Health and
Human Services; DANA NESSEL, in her official
capacity as Attorney General of the State of Michigan;
LINDA VAIL, in her official capacity as the Health
Officer of Ingham County; CAROL A. SIEMON, in her
official capacity as the Ingham County Prosecuting
Attorney,
Defendants-Appellees. |
No. 20-2256 |
On Petition for Rehearing En Banc.
United States District Court for the Western District of Michigan at Grand Rapids;
No. 1:20-cv-01016—Paul Lewis Maloney, District Judge.
Argued En Banc: March 9, 2022
Decided and Filed: May 25, 2022
Before: SUTTON, Chief Judge; SILER, MOORE, COLE, CLAY, GIBBONS,
GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR,
BUSH, LARSEN, NALBANDIAN, READLER, and MURPHY, Circuit Judges.
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OPINION
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KETHLEDGE, Circuit Judge. In this case, a private religious school and two parents of
students who attend private religious schools seek a preliminary injunction as to a statewide mask
mandate that the State itself repealed almost a year ago. We hold that both this interlocutory appeal
and the claim itself are now moot. |
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