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BERNSTEIN v. LOPEZ

No. 02-55119.

321 F.3d 903 (2003)

Barry BERNSTEIN; Anne Tracy Bolton; Linda Buffington; Brenda T. Campbell; Alex Cremidan; Patricia Dibos; Ron Echandia; Otis Funches; Mary L. Lawlor, Dr.; Jose Melchor; Ciprianita Powell; Lyle Rangel; Duane Stevens; Russell Vowinkel, Plaintiffs-Appellees, v. Edward LOPEZ; Sue Braun; John Debeck; Ron Ottinger; Frances Zimmerman; Alan D. Bersin; Anthony J. Alvarado; San Diego Unified City School District, Defendants-Appellants, and Does 1-10, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2003.

Attorney(s) appearing for the Case

Yuri Calderon and Roberta R. Sistos, Burke, Williams & Sorensen, San Diego, CA, for the defendants-appellants.

George W. Shaeffer, Jr., Irvine, CA, for the plaintiffs-appellees.

Before: PREGERSON, NOONAN and TASHIMA, Circuit Judges.

Opinion by Judge NOONAN; Dissent by Judge PREGERSON.

NOONAN, Circuit Judge:

The plaintiffs, who are former principals or vice-principals of public schools within the San Diego School District, sued the defendants, who are members of the board governing the District, as well as the superintendent of schools and the chancellor of instruction. The plaintiffs claimed that the defendants' reassignment of them to their tenured teaching positions at the beginning...

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