Indian Oasis-baboquivari Unified School District No. 40 Ofpima County, Arizona; Whiteriver Unified School Districtno. 20 of Navajo County; Clifford Pablo, Next Best Friendof Clifford Pablo, Jr.; Cynthia Parker, Guardian of Davidparker; Edlina Thompson, Next Best Friend of Nelson Lupe,plaintiffs-appellants, v. James Lee Kirk, in His Official Capacity As Treasurer Ofpima County, Arizona; C. Diane Bishop, in Her Officialcapacity As Superintendent of Public Instruction for Thestate of Arizona; Anita Lohr, in Her Official Capacity Ascounty School Superintendent for Pima County, Arizona; J.r.despain, in His Official Capacity As Treasurer of Navajocounty, Arizona; William Bennett, in His Official Capacityas County School Superintendent for Navajo County, Arizona,defendants-appellees, 102 F.3d 999 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 102 F.3d 999 (9th Cir. 1996) Dec. 18, 1996

Prior report: 91 F.3d 1240.

Before: HUG, Chief Judge.


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.