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Pocatello Education Association v. Heideman

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


April 13, 2009

POCATELLO EDUCATION ASSOCIATION; IDAHO EDUCATION ASSOCIATION; PROFESSIONAL FIRE FIGHTERS OF IDAHO, INC.; SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 687; AFL-CIO, PLAINTIFFS-APPELLEES,
v.
MARK HEIDEMAN, IN HIS OFFICIAL CAPACITY AS BANNOCK COUNTY PROSECUTING ATTORNEY, DEFENDANT, AND BEN YSURSA, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF IDAHO; LAWRENCE WASDEN, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL FOR THE STATE OF IDAHO, DEFENDANTS-APPELLANTS.

On Remand from the Supreme Court of the United States D.C. No. No. 06-35004.

FOR PUBLICATION

ORDER

Before: William C. Canby, Jr., A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.

In accordance with the mandate of the Supreme Court in Ysursa v. Pocatello Education Association, 129 S.Ct. 1093, 1101 (2009), the judgment of the district court is reversed and the case remanded with instructions to enter judgment for defendants on the local government claim.

PRINTED FOR ADMINISTRATIVE OFFICE-U.S. COURTS BY THOMSON REUTERS/WEST-SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted (c) 2009 Thomson Reuters/West.

20090413

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