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Indian Oasis-Baboquivari Unified School District No. 40 of Pima County, Arizona Whiteriver Unified School District No. 20 of Navajo County Clifford Pablo, Next Best Friend of Clifford Pablo, Jr. Cynthia Parker, Guardian of David Parker Edlina Thompson, Next Best Friend of Nelson Lupe v. James Lee Kirk, in His Official Capacity as Treasurer of Pima County, Arizona C. Diane Bishop, in Her Official Capacity as Superintendent of Public Instruction for the State of Arizona Anita Lohr, in Her Official Capacity as County School Superintendent for Pima County, Arizona J.R. Despain in His Official Capacity as Treasurer of Navajo County, Arizona William Bennett, in His Official Capacity as County School Superintendent for Navajo County, Arizona
Citations: 109 F.3d 634; 97 Daily Journal DAR 3913; 37 Fed. R. Serv. 3d 473; 97 Cal. Daily Op. Serv. 2113; 1997 U.S. App. LEXIS 5480Docket: 93-16089
Court: Court of Appeals for the Ninth Circuit; March 24, 1997; Federal Appellate Court
Two public school districts and several students and parents filed a lawsuit against Arizona state officials, challenging an Arizona statute that mandates county treasurers to allocate part of a school district's ending cash balance to a state fund for equalization purposes. The plaintiffs sought declaratory and injunctive relief, claiming that the law violates the Federal Impact Aid Law and the Supremacy Clause of the U.S. Constitution. The district court dismissed the school districts' claims with prejudice due to lack of standing, as they are political subdivisions of the state, and found that the students did not present a distinct injury separate from that of the districts. The students' claims were dismissed without prejudice, allowing for an amended complaint. The plaintiffs appealed without a certification order as required by Federal Rule of Civil Procedure 54(b). In a prior case, the Ninth Circuit clarified that an order dismissing a complaint with leave to amend is not final or appealable. Consequently, the panel ruled that, despite the dismissal of the school districts' claims, the remaining plaintiffs’ claims were not appealable due to the opportunity to amend. The court emphasized that it must assess its own jurisdiction, determining that the appeal is not valid and thus must be dismissed. No costs were awarded.