WINN v. ARIZONA CHRISTIAN SCHOOL TUITION ORG.

No. 05-15754.

586 F.3d 649 (2009)

Kathleen M. WINN, an Arizona taxpayer; Diane Wolfthal, an Arizona taxpayer; Maurice Wolfthal, an Arizona taxpayer Lynn Hoffman, an Arizona taxpayer, Plaintiffs-Appellants, v. ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION; Arizona School Choice Trust; Luis Moscoso; Gale Garriott, in his official capacity as Director of the Arizona Department of Revenue; Glenn Dennard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 21, 2009.


Attorney(s) appearing for the Case

Isabel M. Humphrey, Esquire, Hunter, Humphrey & Yavitz, PLC, Paul Bender, Phoenix, AZ, Marvin S. Cohen, Esquire, Sacks Tierney PA, Scottsdale, AZ, for Plaintiffs-Appellants.

Benjamin Wyman Bull, Esquire, Jeremy D. Tedesco, Alliance Defense Fund, Scottsdale, AZ, David Andrew Cortman, Esquire, Alliance Defense Fund, Lawrenceville, GA, Paula S. Bickett, Esquire, Terry Goddard, Esquire, Arizona Attorney General's Office Frank J. Conti, Jr., Esquire, Pheonix, AZ, Timothy D. Keller, Tempe, AZ, for Defendants-Appellees.

D.C. No. CV-00-00287-EHC, District of Arizona, Phoenix.

Order; Concurrence by Judge PREGERSON; Concurrence by Judge D.W. NELSON; Dissent by Judge O'SCANNLAIN.


ORDER

Judges Reinhardt and Fisher voted to reject the petitions for rehearing en banc and Judge Nelson so recommended.

The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The three petitions for rehearing en banc, filed May 14...

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