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Flores v. State

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


August 13, 2009

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, SUPERINTENT 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.
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, SUPERINTENT 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.

On Remand from the United States Supreme Court D.C. No. CV-92-00596-RCC District of Arizona, Tucson.

FOR PUBLICATION

ORDER

Before: Betty B. Fletcher, Marsha S. Berzon and Johnnie B. Rawlinson, Circuit Judges.

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.

20090813

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