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.https://leagle.com/images/logo.png
Argued: December 10, 2008.
Decided and Filed: October 16, 2009.
Attorney(s) appearing for the Case
ARGUED: Robert H. Chanin, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Appellants. Alisa B. Klein, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Robert H. Chanin, Jeremiah A. Collins, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., Dennis R. Pollard, Thrum Law Firm, P.C., Bloomfield Hills, Michigan, Alice Margaret O'Brien, California Teachers Association, Burlingame, California, Philip A. Hostak, Office of General Counsel, National Education Association, Washington, D.C., for Appellants. Alisa B. Klein, Mark B. Stern, United States Department of Justice, Washington, D.C., for Appellee.
COLE, J., (pp. 256-278) delivered an opinion in favor of reversing the district court's judgment of dismissal, in which MARTIN, DAUGHTREY, MOORE, CLAY, GILMAN, and WHITE, JJ., joined, and in which GIBBONS, J., joined in part. SUTTON, J., (pp. 278-297) delivered a separate opinion concurring in the order affirming the district court's judgment, in which BATCHELDER, C.J., BOGGS, COOK, and KETHLEDGE, JJ., joined, and in which McKEAGUE, J., joined as to Part II only, with McKEAGUE, J., (pp. 297-310) also delivering a separate opinion concurring in affirming dismissal, in which ROGERS and GRIFFIN, JJ., joined as to Part II only. GIBBONS, J., (pp. 310-313) delivered a separate opinion in favor of reversing the judgment of the district court.
United States Court of Appeals, Sixth Circuit.
ORDER
This case was heard by the en banc court on December 10, 2008. The court, for the reasons more fully set forth in the opinions issued herewith, divided evenly, with eight judges voting to affirm the judgment of the district court and eight voting to reverse that judgment. Consequently, the judgment of the district court is AFFIRMED. See Goodwin v. Ghee,330 F.3d 446 (6th Cir.2003), and Stupak-Thrall v. United...
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