School District of the City of Pontiac v. Secretary of the United States Department of Education

RECOMMENDED FOR FULL-TEXT PUBLICATION
Pursuant to Sixth Circuit Rule 206
File Name: 09a0367p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
_________________
SCHOOL DISTRICT OF THE CITY OF PONTIAC ,
et al.,
Plaintiffs-Appellants,
v.
SECRETARY OF THE UNITED STATES
DEPARTMENT OF EDUCATION ,
Defendant-Appellee.
X---->
,-----
N
No. 05-2708
Decided and Filed: October 16, 2009
Before: BATCHELDER, Chief Judge; MARTIN, BOGGS, DAUGHTREY, MOORE,
COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE,
GRIFFIN, KETHLEDGE, and WHITE, Circuit Judges.
_________________
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 States, 89 F.3d 1269 (6th
Cir. 1996).
IT IS SO ORDERED.
ENTERED BY ORDER OF THE COURT
/s/ Leonard Green
___________________________________
Clerk
1

-- 1 of 1 --