Winn v. Killian

321 F.3d 911 Kathleen M. WINN, an Arizona taxpayer; Diane Wolfthal, Arizona taxpayer; Maurice Wolfthal, Arizona taxpayer; Lynn Hoffman, an Arizona taxpayer, Plaintiffs-Appellants, v. Mark W. KILLIAN, in his official capacity as Director of the Arizona Department of Revenue, Defendant-Appellee. No. 01-15901. United States Court of Appeals, Ninth Circuit. March 5, 2003. Marvin S. Cohen, Esq., Isabel M Humphrey, Esq., Sacks Tierney P.A., Scottsdale, AZ, Paul Bender, Esq., Joseph A. Kanefield, Esq., Phoenix, AZ, for Plaintiffs-Appellants. Patrick Irvine, Esq., Joseph A. Kanefield, Esq., Phoenix, AZ, for Defendant-Appellee. Before SCHROEDER, Chief Judge, D.W. NELSON and REINHARDT, Circuit Judges. ORDER 1 A judge requested a vote on whether to rehear this matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35. The request for rehearing en banc is denied. 2 KLEINFELD, Circuit Judge, with whom Circuit Judge O'SCANNLAIN joins, dissenting from denial of rehearing en banc: 3 The decision in this case sharply limits the traditional restraints on federal judicial interference with state tax…