| Keyword |
Case |
Docket |
Date: Filed /
Added |
(12211 bytes)
(7163 bytes)
PUBLISH
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
ON REHEARING EN BANC FROM A DECISION OF THE
SECRETARY OF THE UNITED STATES DEPARTMENT OF
EDUCATION
(Docket No. 99-81-I)
Ronald J. VanAmberg of Roth, VanAmberg, Rogers, Ortiz, Fairbanks &
Yepa,
L.L.P., Santa Fe, New Mexico (George W. Kozeliski of Gallup, New Mexico,
with him on the brief), for Petitioners.
Michael Robinson, Attorney, U.S. Department of Justice (Peter D. Keisler,
Assistant Attorney General; Robert S. Greenspan and Peter R. Maier, Attorneys,
U.S. Department of Justice; and Stephen H. Freid and Mark W. Smith, Attorneys,
U.S. Department of Education, with him on the brief), Washington, D.C., for
Respondent.
Leigh M. Manasevit, Special Assistant Attorney General for the State of New
Mexico, of Brustein & Manasevit, Washington, D.C., for Intervenor.
Before TACHA, Chief Judge, SEYMOUR,
EBEL, KELLY, HENRY,
BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and
TYMKOVICH, Circuit Judges.
PER CURIAM.
Two local educational agencies (LEAs) (Zuni Public School District No.
89 and Gallup-McKinley Public School District No. 1) filed a petition for review
from the Secretary of Education's decision that the State of New Mexico was
equalized pursuant to 20 U.S.C. § 7709(b) and the corresponding regulations at
34 C.F.R. § 222.162(a). See also id. pt. 222, subpt. K, app. A
divided panel of
this court denied the petition for review. Zuni Pub. Sch. Dist. No. 89 v. U.S.
Dep't of Educ., 393 F.3d 1158, 1169 (10th Cir. 2004). We granted rehearing en
banc, and in accordance with our local rule, the judgment was vacated, the
mandate stayed and the case was restored as a pending appeal. 10th Cir. R. 35.6.
On rehearing en banc, the decision of the Secretary is affirmed by an equally
divided court. The panel decision is hereby vacated. See id.
| Keyword |
Case |
Docket |
Date: Filed /
Added |
(12211 bytes)
(7163 bytes)
Comments to: WebMaster,
ca10 [at] washburnlaw.edu.
Updated: February 24, 2006.
HTML markup © 2006, Washburn University School of Law.
URL: http://ca10.washburnlaw.edu/cases/2006/02/01-9541.htm.