FILED FOR PUBLICATION SEP 01 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

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

Plaintiffs - Appellants, ORDER v.

ARIZONA CHRISTIAN SCHOOL TUITION ORGANIZATION; ARIZONA SCHOOL CHOICE TRUST; LUIS MOSCOSO; GALE GARRIOTT, in his official capacity as Director of the Arizona Department of Revenue; GLENN DENNARD,

Defendants - Appellees.

On Remand from the United States Supreme Court

Before: D.W. NELSON, REINHARDT and FISHER, Circuit Judges.

The judgment of this court, 562 F.3d 1002, is reversed and the case is

remanded to the district court for further proceedings consistent with the decision

of the United States Supreme Court in Arizona Christian School Tuition

Organization v. Winn, ___U.S.___, 131 S. Ct. 1436 (2011), and the order of the Supreme Court in Arizona School Choice Trust v. Winn, No. 09-998, 131 S. Ct. 2091 (Apr. 18, 2011).

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