Pontiac School Dist v. Sec'y US Dept Ed

Opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 09a0367p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________

X - SCHOOL DISTRICT OF THE CITY OF PONTIAC,

Plaintiffs-Appellants, -- et al.,

- No. 05-2708

, > - v.

- - SECRETARY OF THE UNITED STATES - DEPARTMENT OF EDUCATION, Defendant-Appellee. - N

Decided and Filed: October 16, 2009 Before: BATCHELDER, Chief Judge; MARTIN, BOGGS, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, and WHITE, Circuit Judges. _________________ ORDER _________________ This case was heard by the en banc court on December 10, 2008. The court, for the reasons more fully set forth in the opinions issued herewith, divided evenly, with eight judges voting to affirm the judgment of the district court and eight voting to reverse that judgment. Consequently, the judgment of the district court is AFFIRMED. See Goodwin v. Ghee, 330 F.3d 446 (6th Cir. 2003), and Stupak-Thrall v. United States, 89 F.3d 1269 (6th Cir. 1996). IT IS SO ORDERED.

ENTERED BY ORDER OF THE COURT

/s/ Leonard Green ___________________________________ Clerk