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INDIAN OASIS-BABOQUIVARI v. KIRK

No. 93-16089.

91 F.3d 1240 (1996)

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.

United States Court of Appeals, Ninth Circuit.

Submission Vacated January 9, 1995.

Resubmitted January 31, 1995.

Decided July 31, 1996.

Attorney(s) appearing for the Case

John R. McDonald, Deconcini, McDonald, Brammer, Yetwin & Lacy, Tucson, Arizona; and C. Benson Hufford, Hufford, Horstman, McCullough & Mongini, Flagstaff, Arizona, for plaintiffs-appellants.

Anthony B. Ching, Deputy Attorney General, Phoenix, Arizona, for defendants-appellees.

Before: REINHARDT, WIGGINS, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Two Arizona public school districts and several of their students brought suit in federal court against the Arizona Superintendent of Public Instruction and the county treasurers and school superintendents of Pima and Navajo Counties seeking declaratory and injunctive relief holding that A.R.S. § 15-991.02, which requires county treasurers to remit a portion of a school district's ending cash balance to a state fund used for equalization...

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