WINN v. KILLIAN

No. 01-15901.

321 F.3d 911 (2003)

Kathleen M. WINN, an Arizona taxpayer; Diane Wolfthal, Arizona taxpayer; Maurice Wolfthal, Arizona taxpayer; Lynn Hoffman, an Arizona taxpayer, Plaintiffs-Appellants, v. Mark W. KILLIAN, in his official capacity as Director of the Arizona Department of Revenue, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 5, 2003.


Attorney(s) appearing for the Case

Marvin S. Cohen, Esq., Isabel M Humphrey, Esq., Sacks Tierney P.A., Scottsdale, AZ, Paul Bender, Esq., Joseph A. Kanefield, Esq., Phoenix, AZ, for Plaintiffs-Appellants.

Patrick Irvine, Esq., Joseph A. Kanefield, Esq., Phoenix, AZ, for Defendant-Appellee.

Before SCHROEDER, Chief Judge, D.W. NELSON and REINHARDT, Circuit Judges.


ORDER

A judge requested a vote on whether to rehear this matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35. The request for rehearing en banc is denied.

KLEINFELD, Circuit Judge, with whom Circuit Judge O'SCANNLAIN joins, dissenting from denial of rehearing en banc:

The decision in this case sharply limits the traditional restraints on federal...

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