Heidman

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

POCATELLO EDUCATION 

ASSOCIATION; IDAHO EDUCATION

ASSOCIATION; PROFESSIONAL FIRE

FIGHTERS OF IDAHO, INC.; SERVICE

EMPLOYEES INTERNATIONAL UNION,

LOCAL 687; AFL-CIO,

Plaintiffs-Appellees, v. MARK HEIDEMAN, in his official No. 06-35004 capacity as Bannock County Prosecuting Attorney,  D.C. No.

CV 03-0256 BLW

Defendant, OPINION and BEN YSURSA, in his official capacity as Secretary of State for the State of Idaho; LAWRENCE WASDEN, in his official capacity as Attorney General for the State of Idaho, Defendants-Appellants.  Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted August 9, 2007—Seattle, Washington

Filed October 5, 2007

Before: William C. Canby, Jr., A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.

13527 13528 POCATELLO EDUCATION ASS’N v. HEIDEMAN Opinion by Judge Tashima POCATELLO EDUCATION ASS’N v. HEIDEMAN 13529

COUNSEL

Clay R. Smith, Idaho Deputy Attorney General, Boise, Idaho, for the defendants-appellants. 13530 …