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NELSON v. ADA

No. 88-2878.

878 F.2d 277 (1989)

Gloria B. NELSON, Director of Education of the Government of Guam; Ione M. Wolf, Deputy Director of Education, Petitioners-Appellants, v. Joseph F. ADA, Governor of Guam, Respondent-Appellee, and The Territorial Board of Education, Rosa Palomo and Anita Sukola, Real Parties In Interest-Appellees, Vincente T. Pangelian, Joseph C. Carbullido, Judith P. Guthertz, Jose B. Cepeda, Cheryl N. Cunningham and Vincente T. Reyes, Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 23, 1989.

Attorney(s) appearing for the Case

Howard Trapp, Howard Trapp, Inc., Agana, Guam, for petitioners-appellants.

Elizabeth Barrett-Anderson, Atty. Gen. of Guam, Agana, Guam, for respondent-appellee.

John E. Moore, Moore, Ching, Boertzel & Lawlor, Agana, Guam, for real parties in interest-appellees.

Before HUG, SCHROEDER and CANBY, Circuit Judges.

SCHROEDER, Circuit Judge:

The petitioners, Gloria Nelson and Ione Wolf, were officials in the Guam Department of Education, appointed to their positions by elected school boards. In 1987 the governor removed Nelson and Wolf from office on the ground that the Guam legislation establishing the boards that appointed them conflicted with the Organic Act of Guam, 48 U.S.C. § 1421g(b). The petitioners appeal from the denial of their petition for a writ of mandamus...

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