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SCHOOL DISTRICT, PONTIAC v. SECRETARY DEPT. EDUC.

No. 05-2708.

512 F.3d 252 (2008)

SCHOOL DISTRICT OF the CITY OF PONTIAC, et al., Plaintiffs-Appellants, v. SECRETARY OF the UNITED STATES DEPARTMENT OF EDUCATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Robert H. Chanin, Bredhoff & Kaiser, Washington, D.C., for Appellants. Alisa B. Klein, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Robert H. Chanin, Alice Margaret O'Brien, Jeremiah A. Collins, Bredhoff & Kaiser, Washington, D.C., Dennis R. Pollard, Thrun Law Firm, Bloomfield Hills, Michigan, for Appellants. Alisa B. Klein, Mark B. Stern, United States Department of Justice, Washington, D.C., for Appellee. Joseph M. Miller, Pennsylvania Department of Education, Harrisburg, Pennsylvania, Kari Krogseng, James C. Harrison, Remcho, Johansen & Purcell, San Leandro, California, Gene C. Lange, Luman, Lange, Thomas & McMullen, Washington, D.C., Richard Blumenthal, Attorney General of the State of Connecticut, Hartford, Connecticut, for Amici Curiae.

Before: COLE and McKEAGUE, Circuit Judges; BREEN, District Judge.

COLE, J., delivered the opinion of the court, in which BREEN, D.J., joined. McKEAGUE, J. (pp. ___ _ ___), delivered a separate dissenting opinion.

OPINION

R. GUY COLE, JR., Circuit Judge.

This case requires us to decide a fundamental question of federal versus state funding under the No Child Left Behind Act of 2001 ("NCLB" or "the Act"), 20 U.S.C. §§ 6301-7941. Plaintiffs-Appellants are school districts and education associations that...

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