Winn v. Garriott

FILED
FOR PUBLICATION SEP 01 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KATHLEEN M WINN, an Arizona No. 05-15754
taxpayer; DIANE WOLFTHAL, an
Arizona taxpayer; MAURICE D.C. No. CV-00-00287-EHC
WOLFTHAL, an Arizona taxpayer; District of Arizona,
LYNN HOFFMAN, an Arizona taxpayer, Phoenix
Plaintiffs - Appellants,
ORDER
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.
On Remand from the United States Supreme Court
Before: D.W. NELSON, REINHARDT and FISHER, Circuit Judges.
The judgment of this court, 562 F.3d 1002, is reversed and the case is
remanded to the district court for further proceedings consistent with the decision
of the United States Supreme Court in Arizona Christian School Tuition
Organization v. Winn, ___U.S.___, 131 S. Ct. 1436 (2011), and the order of the
Supreme Court in Arizona School Choice Trust v. Winn, No. 09-998, 131 S. Ct.
2091 (Apr. 18, 2011).
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