United States Tenth Circuit

In an action challenging a Kansas statute that allows certain non-U.S. citizens to pay in-state tuition rates while attending Kansas post-secondary educational institutions, plaintiffs' petition for rehearing and en banc review of a decision affirming dismissal of certain claims is denied where the cases that plaintiffs alleged conflicted with the court's opinion did not do so because plaintiffs here failed to assert the existence of any particularized injury for purposes of standing.

Appellate Information

• Decided 12/17/2007
• Published 12/18/2007

Judges

• Before LUCERO, Circuit Judge, and McWILLIAMS and EBEL, Senior Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kris W. Kobach, Kansas City, MO, Michael M. Hethmon, Federation for American Immigration Reform, Washington, DC, for Plaintiff-Appellants.


• For Appellees:
  
• Clayton L. Barker, Leawood, KS, David W. Davies, Johnson County District Attorney's Office, Olathe, KS, Michael F. Delaney, Spence, Fane Britt & Browne, Overland Park, KS, William Scott Hesse, Office of Attorney General, Topeka, KS, Michael C. Leitch, Kansas Attorney General, Topeka, KS, for Defendants-Appellees.