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CALIFORNIA TEACHERS ASS'N v. STATE BD. OF EDUC.

No. 99-56784.

271 F.3d 1141 (2001)

CALIFORNIA TEACHERS ASSOCIATION; Norma Steiner; Irella Perez; Kristin Worthman; Association of Mexican American Educators; California Association for Asian-Pacific Bilingual Education; National Association of Bilingual Educators; Emily Palacio; Association of California School Administrators, Plaintiffs-Appellants, v. STATE BOARD OF EDUCATION, and its members; Yvonne W. Larson; Robert L. Trigg; Timothy C. Draper; Kathryn Dronenberg; Marion Joseph; Megan Kephart; Marion McDowell; Janet Nicholas; Gerti B. Thomas; Marina Tse; Delaine Eastin, in her official capacity as the State Superintendent of Public Instruction, Defendants-Appellees, Ron Unz; Sarina Frias; Sylvia Nmi Martinez; Angelina Morfin; Center for Equal Opportunity, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2001.

Amended November 21, 2001.

Attorney(s) appearing for the Case

Jeremiah A. Collins, Bredhoff & Kaiser, Washington, D.C., for the plaintiffs-appellants.

Donald P. Cole, Deputy Attorney General, San Francisco, California, for the defendants-appellees.

Eric Grant, Pacific Legal Foundation, Sacramento, California, for defendants-intervenors-appellees.

Before: BOOCHEVER, TASHIMA, and TALLMAN, Circuit Judges.

Opinion by Judge BOOCHEVER; Dissent by Judge TASHIMA

ORDER

The opinion in the above-entitled case, filed August 29, 2001, and published at 263 F.3d 888 (9th Cir.2001), is amended by adding a footnote 4 after the first sentence of the second full paragraph on page 893 of the opinion. Footnote 4 should read as follows:

We are aware that California allows federal courts to certify questions of state law to the California...

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