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UTAH EDUC. ASS'N v. SHURTLEFF

No. 06-4142.

565 F.3d 1226 (2009)

UTAH EDUCATION ASSOCIATION; Utah State AFL-CIO; American Federation of Teachers-Utah; American Federation of State, County, and Municipal Employees Local 1004; Utah School Employees Association; and Professional Firefighters of Utah, Plaintiffs-Appellees, v. Mark SHURTLEFF, in his official capacity as Attorney General of the State of Utah, Defendant-Appellant. Sutherland Institute; Utah Taxpayers Association; Evergreen Freedom Foundation; Parents for Choice in Education; National Right to Work Legal Defense Foundation, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 21, 2009.

Attorney(s) appearing for the Case

Nancy L. Kemp, Assistant Utah Attorney General, Salt Lake City, UT, (Mark L. Shurtleff, Utah Attorney General, and Thom D. Roberts, Assistant Utah Attorney General, with her on the briefs), for Defendant-Appellant.

Jeremiah A. Collins, Bredhoff & Kaiser, P.L.L.C., Washington D.C. (Michael T. McCoy and Clover R. Meaders, Utah Education Association, Murray, UT, Arthur F. Sandack, Salt Lake City, UT, David J. Strom and Stephanie Baxter, Washington, D.C; Thomas A. Woodley and Douglas L. Steele, Woodley & McGillivary, Washington, D.C; Larry P. Weinberg, Washington, D.C, with him on the brief), for the Plaintiffs-Appellees.

Maxwell A. Miller and Scott S. Bell, Parsons Behle & Latimer, Salt Lake City, UT, filed an amici curiae brief on behalf of Defendant-Appellant.

Before LUCERO and MURPHY, Circuit Judges, and ROBINSON, District Court Judge.

ORDER

This matter is before the court on Utah's petition for rehearing with suggestion for rehearing en banc. The petition was abated pending resolution by the United States Supreme Court of Pocatello Education Ass'n v. Heideman, 504 F.3d 1053 (9th Cir.2007), cert. granted sub nom., Ysursa v. Pocatello Education Ass'n, ___ U.S. ___, 128 S.Ct. 1762, 170 L.Ed.2d 538...

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