Winn

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KATHLEEN M. WINN, an Arizona  taxpayer; DIANE WOLFTHAL, an Arizona taxpayer; MAURICE WOLFTHAL, an Arizona taxpayer LYNN HOFFMAN, an Arizona taxpayer, No. 05-15754 Plaintiffs-Appellants, D.C. No. v.  CV-00-00287-EHC District of Arizona,

ARIZONA CHRISTIAN SCHOOL TUITION

ORGANIZATION; ARIZONA SCHOOL Phoenix

CHOICE TRUST; LUIS MOSCOSO; ORDER

GALE GARRIOTT, in his official capacity as Director of the Arizona Department of Revenue;

GLENN DENNARD,

Defendants-Appellees.  Filed October 21, 2009

Before: Dorothy W. Nelson, Stephen Reinhardt and Raymond C. Fisher, Circuit Judges.

Order; Concurrence by Judge Pregerson; Concurrence by Judge D.W. Nelson; Dissent by Judge O’Scannlain

14703 14704 WINN v. ARIZONA CHRISTIAN SCHOOL

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 mat- ter en banc, and the matter failed to…