Flores, et al v. Horne, et al

Filing 920090814

Opinion

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MIRIAM FLORES, individually and as a parent of Miriam Flores, minor child; ROSA RZESLAWSKI, individually and as a parent of Mario Rzeslawski, minor child, Plaintiffs-Appellees, and SPEAKER OF THE ARIZONA HOUSE OF REPRESENTATIVES AND PRESIDENT OF THE ARIZONA SENATE, Intervenor, v. STATE OF ARIZONA, Defendant-Appellee, THOMAS C. HORNE, Superintendent of Public Instruction, Defendant-Appellant, and C. DIANE BISHOP, Superintendent of Public Instruction; EUGENE HUGHES; DAVID SILVA; CLAUDINE BATES ARTHUR; JOHN HOSNER; KEN BENNETT; RAY KELLIS; JIM ALLMAN; MORRISON WARREN, members of the State Board of Education, Defendants. No. 07-15603 D.C. No. CV-92-00596-RCC District of Arizona, Tucson 10919 10920 FLORES v. HORNE MIRIAM FLORES, individually and as a parent of Miriam Flores, minor child; ROSA RZESLAWSKI, individually and as a parent of Mario Rzeslawski, minor child, Plaintiffs-Appellees, SPEAKER OF THE ARIZONA HOUSE OF REPRESENTATIVES AND PRESIDENT OF THE ARIZONA SENATE, Intervenor-Appellant, v. STATE OF ARIZONA; C. DIANE BISHOP, Superintendent of Public Instruction; EUGENE HUGHES; DAVID SILVA; CLAUDINE BATES ARTHUR; JOHN HOSNER; KEN BENNETT; RAY KELLIS; JIM ALLMAN; MORRISON WARREN, members of the State Board of Education; THOMAS C. HORNE, Superintendent of Public Instruction, Defendants. No. 07-15605 D.C. No. CV-92-00596-RCC District of Arizona, Tucson ORDER On Remand from the United States Supreme Court Filed August 13, 2009 Before: Betty B. Fletcher, Marsha S. Berzon and Johnnie B. Rawlinson, Circuit Judges. FLORES v. HORNE 10921 ORDER We remand this case to the District Court to comply with the Supreme Court's decision in Horne v. Flores, 129 S. Ct. 2579, 2607 (2009). IT IS SO ORDERED. 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 2009 Thomson Reuters/West.

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