Flores v. Horne

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,

No. 07-15603 v.

D.C. No. STATE OF ARIZONA,

Defendant-Appellee,  CV-92-00596-RCC District of Arizona, THOMAS C. HORNE, Superintendent Tucson 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. 

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, No. 07-15605 Intervenor-Appellant, D.C. No. v.  CV-92-00596-RCC District of Arizona, STATE OF ARIZONA; C. DIANE Tucson BISHOP, Superintendent of Public

Instruction; EUGENE HUGHES; ORDER 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 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.

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