Indian Oasis-Baboquivari Unified School District No. 40 Of Pima County, Arizona v. Kirk

102 F.3d 999, 96 Daily Journal DAR 15140, 96 Cal. Daily Op. Serv. 9146, 1996 U.S. App. LEXIS 33335

Opinion

102 F.3d 999

INDIAN OASIS-BABOQUIVARI UNIFIED SCHOOL DISTRICT NO. 40 OF
PIMA COUNTY, ARIZONA; Whiteriver Unified School District
No. 20 of Navajo County; Clifford Pablo, next best friend
of Clifford Pablo, Jr.; Cynthia Parker, Guardian of David
Parker; Edlina Thompson, next best friend of Nelson Lupe,
Plaintiffs-Appellants,
v.
James Lee KIRK, in his official capacity as Treasurer of
Pima County, Arizona; C. Diane Bishop, in her official
capacity as Superintendent of Public Instruction for the
State of Arizona; Anita Lohr, in her official capacity as
County School Superintendent for Pima County, Arizona; J.R.
Despain, in his official capacity as Treasurer of Navajo
County, Arizona; William Bennett, in his official capacity
as County School Superintendent for Navajo County, Arizona,
Defendants-Appellees.

No. 93-16089.

United States Court of Appeals,
Ninth Circuit.

Dec. 18, 1996.

Prior report: 91 F.3d 1240.

Before: HUG, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.