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PARENTS INVOLVED IN COMMUNITY SCHOOLS v. SEATTLE SCHOOL DISTRICT, NO. 1

No. 01-35450.

498 F.3d 1059 (2007)

PARENTS INVOLVED IN COMMUNITY SCHOOLS, a Washington nonprofit 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 Western District as President of the Board of Washington, Directors of Seattle Public Seattle 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.

August 22, 2007.

Attorney(s) appearing for the Case

Daniel B. Ritter, Esq., Harry James Franklyn Korrell, III, Esq., Davis Wright & Tremaine, LLP, Seattle, WA, for Plaintiff-Counter-Defendant-Appellant.

Michael F. Madden, Esq., Bennett Bigelow & Leedom, P.S., Mark S. Green, Esq., Seattle Public Schools, Seattle, WA, for Defendants-Counter-Claimants-Appellees.

Before: MARY M. SCHROEDER, Chief Circuit Judge, HARRY PREGERSON, ALEX KOZINSKI, ANDREW J. KLEINFELD, HAWKINS, W. FLETCHER, RAYMOND C. FISHER, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN and CARLOS T. BEA, Circuit Judges.

ORDER

This case was remanded to us from the United States Supreme Court. See Parents Involved in Community Schools v. Seattle School District No. 1, ___ U.S. ___, 127 S.Ct. 2738, ___ L.Ed.2d ___ (2007). In light of the Supreme Court's decision, we VACATE our opinion in Parents Involved in Community Schools v. Seattle School Dist. No. 1, 426 F.3d 1162 (9th Cir.2005) (en banc), and REMAND to the district court for further proceedings.

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