PARENTS INVOLVED IN COMMUNITY SCHOOLS, a Washington non-profit corporation, Plaintiff-counter-defendant-Appellant,
v.
SEATTLE SCHOOL DISTRICT, NO. 1, a political subdivision of the State of Washington; Joseph Olchefske, in his official capacity as superintendent; Barbara Schaad-Lamphere, in her official capacity as President of the Board of Directors of Seattle Public Schools; Donald Neilson, in his official capacity as Vice President of the Board of Directors of Seattle Public Schools; Steven Brown; Jan Kumasaka; Michael Preston; Nancy Waldman, in their official capacities as members of the board of Directors, Defendants-counter-claimants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 21, 2005.
Filed October 20, 2005.
Attorney(s) appearing for the Case
Harry J.F. Korrell (argued) and Daniel B. Ritter, Davis Wright Tremaine LLP, Seattle, WA, for the plaintiff-counter-defendant/appellant.
Michael Madden (argued) and Carol Sue Janes, Bennett Bigelow & Leedom, P.S., Seattle, WA, and Mark S. Green, Office of the General Counsel, Seattle School District No. 1, Seattle, WA, for the defendants-counter-claimants/appellees.
Sharon L. Browne, Pacific Legal Foundation, Sacramento, CA, and Russell C. Brooks, Pacific Legal Foundation, Bellevue, WA, for the amici curiae Pacific Legal Foundation, American Civil Rights Institute, American Civil Rights Union and Center for Equal Opportunity in support of plaintiff-counter-defendant/appellant.
Paul J. Lawrence, Preston Gates & Ellis LLP, Seattle, WA, for the amicus curiae American Civil Liberties Union in support of defendants-counter-claimants/appellees.
Before: SCHROEDER, Chief Judge, PREGERSON, KOZINSKI, KLEINFELD, HAWKINS, W. FLETCHER, FISHER, TALLMAN, RAWLINSON, CALLAHAN and BEA, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted En Banc June 21, 2005.
Opinion by Judge FISHER; Concurrence by Judges KOZINSKI; Dissent by Judge BEA.
FISHER, Circuit Judge, with whom Chief Judge SCHROEDER and Judges PREGERSON, HAWKINS, W. FLETCHER and RAWLINSON join concurring; Judge KOZINSKI, concurring in the result.
This appeal requires us to consider whether the use of an integration tiebreaker in the open choice, noncompetitive...
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