Phyllis Wright Harris, on Her Own Behalf and on Behalf of Her Three Children Beverly Harris Butler, Formerly Beverly Harris Samuel Harris v. Joint School District No. 241 Board of Trustees of District No. 241 Trent Woods, Chairperson of Board Al Arnzen, Superintendent v. Citizens Preserving America's Heritage, Inc., an Idaho Corporation
Phyllis Wright Harris, on Her Own Behalf and on Behalf of Her Three Children Beverly Harris Butler, Formerly Beverly Harris Samuel Harris v. Joint School District No. 241 Board of Trustees of District No. 241 Trent Woods, Chairperson of Board Al Arnzen, Superintendent v. Citizens Preserving America's Heritage, Inc., an Idaho Corporation, Defendants-Intervenors-Appellees
Opinion
62 F.3d 1233 102 Ed. Law Rep. 491 , 95 Cal. Daily Op. Serv. 6352 , 95 Daily Journal D.A.R. 10 ,854
Phyllis Wright HARRIS, on her own behalf and on behalf of her three children; Beverly Harris Butler, formerly Beverly Harris; Samuel Harris, Plaintiffs-Appellants, v. JOINT SCHOOL DISTRICT NO. 241; Board of Trustees of District No. 241; Trent Woods, Chairperson of Board; Al Arnzen, Superintendent, Defendants-Appellees, v. CITIZENS PRESERVING AMERICA'S HERITAGE, INC., an Idaho Corporation, et al., Defendants-Intervenors-Appellees.
No. 93-35839.
United States Court of Appeals, Ninth Circuit.
Aug. 11, 1995.
On Remand from the United States Supreme Court.
Before: WRIGHT, WIGGINS, and THOMPSON, Circuit Judges.
ORDER 1
Pursuant to the orders of the United States Supreme Court, Joint Sch. Dist. 241 v. Harris, --- U.S. ----, 115 S.Ct. 2604 , 132 L.Ed.2d 849 (1995), and Citizens Preserving America's Heritage, Inc. v. Harris, --- U.S. ----, 115 S.Ct. 2604 , 132 L.Ed.2d 849 (1995), the opinion of this court, reported at 41 F.3d 447 (9th Cir.1994), is vacated, and the appeal is dismissed as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 , 71 S.Ct. 104 , 95 L.Ed. 36 (1950).
2
The case is remanded to the district court with instructions to vacate its judgment and dismiss the complaint as moot. See Great Western Sugar Co. v. Nelson, 442 U.S. 92, 93-94 , 99 S.Ct. 2149, 2149-50 , 60 L.Ed.2d 735 (1979).
3
Appellants' motion for fees is denied.
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