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GREGORIO T. BY AND THROUGH JOSE T. v. WILSON

Nos. 95-55186, 95-55188, 95-55191 and 95-55192.

59 F.3d 1002 (1995)

GREGORIO T., by and through His Guardian Ad Litem JOSE T.; Xiomara T.; Maria R.; Carlos P., by and through His Guardian Ad Litem Ana P., Plaintiffs-Appellees, and California Association of Catholic Hospitals; City of Los Angeles, Plaintiffs-Intervenors, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of California; Eloise Anderson, Director, of the Department of Social Services for the State of California, Defendants-Appellants. LEAGUE OF UNITED LATIN AMERICAN CITIZENS, Plaintiff-Appellee, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of California; Eloise Anderson, Director, of the Department of Social Services for the State of California, Defendants-Appellants, and Orange Unified School District; San Diego Unified School District; William D. Dawson, Acting Superintendent of Public Instruction, for the State of California, Defendants. Barbara AYALA, a minor, by and through Her Guardian Ad Litem, Andrea Ayala, Plaintiff-Appellee, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of California; Eloise Anderson, Director, of the Department of Social Services for the State of California, Defendants-Appellants, and Alhambra Unified School District, Defendant. CHILDREN WHO WANT AN EDUCATION, who are undocumented in America, who will be adversely affected by California Proposition 187, Plaintiff-Appellee, v. Pete WILSON, Governor, of the State of California; Daniel E. Lungren, Attorney General, for the State of California; Kimberly Belshe, Director, of the Department of Health Services for the State of California; Eloise Anderson, Director, of the Department of Social Services for the State of California, Defendants-Appellants, and Los Angeles Unified School District, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1995.

Attorney(s) appearing for the Case

John H. Sugiyama, Sr. Asst. Atty. Gen., San Francisco, CA, for defendants-appellants.

Carlos Holguin, Center for Human Rights & Constitutional Law, Los Angeles, CA, for plaintiff-appellee League of United Latin American Citizens.

James M. Harris, Sidley & Austin, Los Angeles, CA, for plaintiffs-appellees California Ass'n of Catholic Hospitals, and Catholic Health Care Ass'n of the U.S.

Stephen Yagman, Yagman & Yagman, Venice, CA, for plaintiff-appellee Children Who Want an Educ.

Fred J. Kumetz, Kumetz & Glick, Los Angeles, CA, for plaintiff-appellee Barbara Ayala.

Karl Manheim, Loyola Law School, Los Angeles, CA; Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, CA; Thomas A. Saenz, Mexican American Legal Defense and Educ. Fund, Los Angeles, CA; Bruce Iwasaki, O'Melveny & Myers, Los Angeles, CA, for plaintiff-appellee Gregorio T.

Jessica F. Heinz, Deputy City Attorney, Los Angeles, CA, for plaintiff-appellee City of Los Angeles.

Before: WALLACE, Chief Judge, HUG, and NOONAN, Circuit Judges.

ORDER

Governor Pete Wilson and other officials of the State of California (State officers) appeal from the district court's preliminary injunction against implementation and enforcement of sections 4, 5, 6, 7, and 9 of Proposition 187. In a previous order, we consolidated and expedited these appeals for consideration under new Ninth Circuit Rule 3-3 (effective July 1, 1995), and retained jurisdiction for decision on the merits. See Gregorio T. v. Wilson,...

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