Spangler v. Pasadena City Board of Education

605 F.2d 493 CA PC 79-3535 Nancy Anne SPANGLER, by her father and next friend, James E. Spangler, Jr., et al., Appellees, and Sharon Hughes Spangler, etc., et al., Intervenors-Appellees, and United States of America, Intervenor-Appellee, v. PASADENA CITY BOARD OF EDUCATION et al., Appellants. Nos. 77-2902, 77-2941 and 78-2266. United States Court of Appeals, Ninth Circuit. Sept. 20, 1979. Appeals from the United States District Court for the Central District of California. Before GOODWIN, KENNEDY, and ANDERSON, Circuit Judges. 1 Subsequent to the filing of both the opinion of the court and the concurring opinion of Judge Kennedy, and also subsequent to the filing of a petition for rehearing and suggestion for rehearing en banc by the United States, the Supreme Court issued its opinions in Columbus Board of Education v. Penick, --- U.S. ----, 99 S.Ct. 2941 , 61 L.Ed.2d 666 (1979), and Dayton Board of Education v. Brinkman, --- U.S. ----, 99 S.Ct. 2971 , 61 L.Ed.2d 720 (1979). We have studied the Columbus and Dayton decisions, and conclude that they do not require alteration of the opinions originally filed. 2 The various opinions of the Justices discussed several aspects of…